October 2, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 2, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor John Tracy, Harvest Temple, Palm Bay, Florida.

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approved the Minutes of the July 25, 2001 Special/Workshop meeting and the July 26, 2001 Regular meeting. Motion carried and ordered unanimously.

AGENDA ITEMS

County Manager Tom Jenkins stated Items VI.F.2, Permission to Advertise Executive Session, Re: Miorelli Engineering vs. Brevard County, and VI.F.3, Approval, Re: Pay and Benefits for Reservists Called to Active Duty, were left off the final Agenda, but were included in the Commissioners' packages, so they may be considered today.

ANNOUNCEMENT, RE: FOOD DRIVE

County Manager Tom Jenkins stated County employees traditionally hold a Thanksgiving food drive; as a result of the recent events, there has been a depletion of food supplies at food banks and sharing centers; therefore, the food drive will be conducted earlier this year to respond to this need. He stated County employees are invited to bring food to their work locations to be collected and distributed by October 11, 2001; and local residents may drop off food items at any County fire station or library. He stated after October 11, 2001 Space Coast Area Transit will continue with a Countywide food drive at various locations throughout the County; and more details will be forthcoming. He stated the types of foods to be collected include canned meats, vegetables and fruits, pasta, beans, baby food and formula, diapers, and gift certificates; and these donations will go to the four Sharing Centers in North, Central, And South Brevard County.

PERMISSION TO SEND LETTERS, RE: HOUSE TRANSPORTATION COMMITTEE
MEETING

Commissioner Scarborough stated there was a successful meeting of the House Transportation Committee; and thanked John Denninghoff and Bob Kamm for their presentation. He stated it was an initiative of Bob Allen; and Speaker of the House Tom Feeney was behind it.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Chairman to send letters of appreciation to Speaker of the House Tom Feeney, Chairman of the House Transportation Committee Randy Johnson, Representative Bob Allen, Representative Stan Mayfield from Vero Beach, and Roy Bridges who testified at the House Transportation Committee meeting. Motion carried and ordered unanimously.

Chairman Carlson stated she heard it was a positive meeting.

PERMISSION TO SEND LETTER TO JUDGE JACOBUS, RE: ESTABLISHMENT OF
DOMESTIC VIOLENCE CRIMINAL COURT

Commissioner Scarborough stated a letter concerning establishment of a Domestic Violence Criminal Court for the County was prepared and sent to the Commission offices; the letter is directed to Chief Judge Bruce Jacobus; and inquired if there are questions.

Commissioner Higgs requested the final paragraph be changed from "done its share" to "contributed significantly."

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to send a letter to Chief Judge Bruce Jacobus concerning the establishment of Domestic Violence Criminal Court for the County, with the suggested revision to the final paragraph. Motion carried and ordered unanimously.

DISCUSSION, RE: AGENCY FOR HEALTH CARE ADMINISTRATION

Commissioner Scarborough stated Chuck Demick of Osceola County advised the Agency for Health Care Administration has proposed increasing the County's contribution to Medicaid nursing six-fold; and the impact to the County would be approximately $5.3 million. He stated the Board has already set the millage; there is a budget set; and including the detention costs, the Board could be looking at $6 million for what the State is doing to the County. He inquired when is the Board meeting with the Legislative Delegation; with County Manager Tom Jenkins responding in the next week or two. Commissioner Scarborough stated this issue needs to be well researched and prepared; and if the Board talks about nothing else, it has to let the Delegation know that this will destroy Brevard County.

Chairman Carlson inquired if Commissioner Scarborough is including all the comments that were brought forward concerning health care, juvenile justice, transportation, and everything included in the memorandum in his request for a report. Commissioner Scarborough stated the Board needs to be fully advised when it meets with the Delegation.

Commissioner Higgs stated if there are $6 million less in State revenues or that additional cost is assessed to the County, legally it has no way of handling it or balancing the budget; and there are some legal questions that could be researched.

Commissioner Scarborough stated some things could occur that people would not like; it would impact the County; and a lot of the things that people have come to expect would go away. Chairman Carlson agreed there would be some changes.

DISCUSSION, RE: BILLBOARD LEGISLATION

Commissioner O'Brien stated he received an e-mail concerning legislation that would affect billboards; Lobbyist Guy Spearman has advised the billboard industry will try to insert part of a law that would take all power away from counties and cities; and unless the Board starts to act now, this may get through Tallahassee and become law. He requested the County Manager put the item on the agenda next week and come back with suggested actions the Board could take now before those laws are in place. Chairman Carlson stated that may go hand-in-hand with the report on FAC.

ANNOUNCEMENT

Commissioner O'Brien noted today was Groucho Marx's birthday.

ANNOUNCEMENT, RE: TOWN MEETING

Commissioner Colon advised her next town meeting will be October 13, 2001 at the Melbourne Library on Fee Avenue.

PRESENTATION, RE: WENDELL WATSON, SPACE COAST MARINE INSTITUTE

Commissioner Colon stated she invited Wendell Watson from the Space Coast Marine Institute to make a presentation to the Board.

Wendell Watson, Executive Director of the Space Coast Marine Institute, stated the Institute is an alternative school for juvenile offenders, and is located in Melbourne; they are funded by the Department of Juvenile Justice and the School Board; and their program may be affected by the upcoming cuts. He stated young people committed to the program typically have ten criminal offenses, most of them being felony offenses; and their average length of stay is from six to nine months. He stated while they are at the facility, they receive educational services; there are certified teachers at the school; and there is a mental health component contracted with Circles of Care. He commented on the staff and its educational background; and stated they also offer family counseling seven days a week. He stated those at the facility get the opportunity to receive their GED; and once they receive it, they pay for them to go to college for two years under a special scholarship fund set up by a board of trustees. He stated last year they completed over 7,000 hours of community services, working with Keep Brevard Beautiful, Marine Resource Center, local Rotary Clubs, and other non-profit organizations; and advised of a project building water filtration systems for third-world countries. He stated they also have the canine companion program; puppies were flown in from California and were raised from eight weeks of age through their first stage of training; and next week will be the first graduation of puppies that are going to be placed. He stated since the Institute's inception in 1988, it has served over 800 youth from Brevard, Osceola, Seminole, and Orange Counties, with the majority coming from Brevard County; and they have a 70% success rate, with seven out of ten from the program never getting in trouble again. He stated they have six acres off Eau Gallie Boulevard, and have moved into some modular homes; and through the Board of Trustees' fundraising efforts, they have almost completed the new dormitory facility.

Commissioner Colon requested Mr. Watson elaborate on the type of young men who are coming to the facility. Mr. Watson stated in the juvenile justice system, there are low risk, moderate risk, high risk, and lockdown facilities; and the Institute is middle of the road, where the individuals determine whether they are going to get on the right path and become productive citizens or continue on the path they are on. He stated they do not have fences or hardware around the facility; the young people are loved, cared for, and provided an array of services while they are there; some students come in who do not have anywhere to go; and they make arrangements for them. He stated there are students whose parents do not want them; it is becoming more prevalent now; and they work with them through the treatment plan and after care placement, although they are not funded for after care. He stated they wind up going into Job Corps or the military; and if programs such as the Institute were not around, these individuals would go to a lockdown facility, where statistics show they continue a life of crime.

Commissioner Colon congratulated Mr. Watson; commented on the success rate; and stated people who feel there is no hope should make contact with her office to find out more about the program. She stated they combine faith also; and young men are going to college and the workforce as completely new individuals.

Commissioner Higgs stated the citizens of the County helped the Space Coast Marine Institute with the land, so they are very much a part of what has gone on there; and she hopes they will continue to support it.

APPOINTMENT, RE: EMERGENCY MANAGEMENT POLICY GROUP

Chairman Carlson stated as Chairman of the Emergency Management Policy Group, she calls the group together whenever there is an emergency or potential emergency; the group is comprised of public officials and the Sheriff's Department; however, there is no representative from the School Board; and recommended including the Superintendent of Schools or his designee.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve appointment of Dr. Richard DePatri, Superintendent of Schools, or his designee to the Emergency Management Policy Group.

Commissioner Higgs stated this will amend the Emergency Plan; and inquired if anything else needs to be done. County Manager Tom Jenkins stated he will research it to see if the Plan has to be formally amended.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

APPROVAL, RE: STEERING COMMITTEE FOR COUNTYWIDE OPTICAL PREEMPTION
FOR EMERGENCY VEHICLES

Chairman Carlson stated the Board received a memorandum from the County Manager concerning Countywide optical preemption for emergency vehicles; and Mr. Jenkins requested a steering committee be put together comprised of representatives from the cities' Fire Rescue and Police Departments and the Sheriff's Office. She advised the optical preemption for emergency vehicles is the control of all signalization on the road systems; and she would like to initiate the steering committee as requested.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve initiation of a steering committee concerning the Countywide optical preemption for emergency vehicles, comprised of representatives of the Sheriff's Office and the Fire Rescue and Police Departments of the municipalities. Motion carried and ordered unanimously.

ASSIGNMENT OF LEAD PERSON, RE: ASSESSING ANTI-TERRORISM CAPABILITIES
RECOMMENDATIONS

Chairman Carlson stated a report was received from Governor Bush called, "Assessing Florida's Anti-terrorism Capabilities Recommendations"; it contains 26 specific recommendations in the area of emergency services, human services, critical infrastructure, and public information and awareness; and recommended the County Manager assign someone as the lead person in the County to work with the Sheriff and other appropriate individuals to develop a County-level report on the steps to implement the Governor's recommendations. She stated there may be things that are not applicable to the County; but the Board should get that report and get a group together; and that would be a positive step.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct the County Manager to assign someone as the lead person on County staff to work with the Sheriff and appropriate individuals to develop a County-level report and provide the Board with recommendations on steps to be taken to implement the Governor's recommendations on anti-terrorism. Motion carried and ordered unanimously.

REPORT, RE: MENTORING INITIATIVE

Chairman Carlson stated Governor Bush came to Brevard County yesterday to honor the public and private sector for their involvement in the mentoring initiative; and it was a positive thing for the Governor to come to the community. She stated the County received an award; it allows employees four hours a month to mentor; and several corporations, the City of Melbourne, and Commissioner Colon's Office received awards for mentoring. She expressed appreciation to those in the community who mentor children.

PRESENTATION, RE: BREVARD TOMORROW

Chairman Carlson stated on September 11, 2001, she had intended to bring forward an update on Brevard Tomorrow, which is the comprehensive sustainable strategic plan initiative; and Bunny Finney has been invited back to give a presentation. She stated at the last meeting the Board received a package; hopefully the Commissioners have read through the economic and demographic profile the Committee received in August, and the community capacity assessment. She stated at the next meeting, they will be getting the community dynamics assessment.

Bunny Finney, Co-Chair of Brevard Tomorrow, thanked Mr. Jenkins for his report earlier on the mobilization of the food drive; stated she is Chairman of the Board for the United Way; and commented on the ripple effect of the events on September 11. She thanked the Board for committing resources, along with United Way, Florida TODAY, and EDC of the Space Coast, to initiate the public/private partnership for Brevard Tomorrow; and stated she will touch on a number of things including people who are investing time and funding the work that is underway, building and sustaining a vibrant community, how to measure success in the future, and details and key findings of the two studies. She stated Brevard Tomorrow is an inclusive comprehensive effort designed to broaden and refine a preferred future, and to move the County forward; and the plan will include strategies for change and implementation along with benchmarks and measures for progress. She noted several handouts were given today; one lists the investors and steering committee members; and in looking at the list, it is evident that Brevard Tomorrow is sponsored by a broad-based consortium of 34 investors, with no one entity owning Brevard Tomorrow. She advised the investors have committed $141,000 community dollars to the project; the 24-member steering committee has representatives from education, government, business, and civic interests, who have come together to determine community consensus and oversee the process; and the group is diverse in gender, race, age, economic, religious, and ethnic backgrounds. She stated the Brevard Tomorrow process has five components; and the first two components are the studies that Chairman Carlson referenced, which are complete and have been reviewed and discussed. Ms. Finney stated the third element is the community dynamics assessment phase of the project; the first leadership meeting was held September 6 with 130 participants; the next meeting is November 2; and the facilitator, Market Street Services, conducted interviews with 20 community leaders and has facilitated five focus groups. She stated the focus groups were representatives from the retirees and senior services agencies, cultural arts and environment, faith-based organizations, business, the EDC, Chambers of Commerce, Workforce Development, and the TDC; and the fifth group was college students and young professionals from the community. She stated the preferred future strategic plan phase is next, and runs through November 2001; it defines what the County wants to become and provides the steps to guide it to the desired future; and the implementation plan piece, which articulates how to execute the strategic plan, will be rolled out on December 6, 2001. She stated the process includes three major components, learning about the community through studies, strategically incorporating the best thinking of the men and women of the County, and creation of the strategic and implementation plans that will bring it all together. She stated during this process it is important to remain open in thinking and not come to conclusions too quickly; and there must be thought about what is wanted and not wanted and what comprises a vibrant, desirable, and sustainable community. She stated there are five major trends in community development; and the first is globalization, which the County started on a long time ago in working with the space program. She stated now the rest of the world thinks globally; and it is important for the County to remain competitive in that area. She stated technology and telecommunication is the second element; and because of the high-tech industrial base, the County is well wired for technology. She stated the third trend is regionalization; and the Board, along with the Canaveral Port Authority, is doing that. She stated the fourth key trend is sustainable development; new responses have to be generated to the continued demand of the citizens, communities, enterprises, and environment in the County; and this is an opportunity to improve public policy for economic development and resource management for a sustainable community. She stated the fifth key trend is workforce development; and advised of the need for more than a high school education in the current market. She stated there are specific elements that successful communities have in common, ranging from a community's approach to decision making to how a community transitions power to the younger generation of leaders; and it is interesting to compare these elements to Brevard County. She stated the challenge is to integrate the diversity of values and thought of the men and women of the community; successful communities have a spirit that prevails; in Brevard County women are accepted in leadership roles as evidenced by the healthy private and public investment in Brevard Tomorrow; and the community has demonstrated a willingness to invest in the future. She stated there are other elements the County does not do as well with; the County does not have a clear understanding of the complex physical environment, nor would one describe the County's use of information resources as sophisticated; but the County has begun to work on those things. She stated there are six characteristics that unite a successful community including a commitment to unite for the common good, a willingness to accept responsibility, a sharing of common vision and clear strategies, a proactive action-oriented mindset and strong public/private partnership, a diverse participatory community leadership system, and a strong implementation plan with specific benchmarks and measures of success. She stated there are some elements that are typical of communities that are declining and dying; and those elements range from avoiding controversy to small groups of people controlling the community's power. Ms. Finney stated characteristics of a growing community have to do with how the community thinks and acts, and include controversy, politics, academics versus sports in the education system, taking risks, and being bold about financing; and a growing community can expand, network, learn, be flexible, and have dispersed leadership. She stated Brevard County has demonstrated strength in a number of areas and good direction in some of the others; and the question is how to measure the County's progress. She stated a sample of how other communities are measuring progress is included in the report; and through the Brevard Tomorrow implementation planning process, they are going to identify the most appropriate measure of success for the community. She stated the first report, the economic and demographic profile, is an objective analysis that is the vehicle that forms the informational baseline for the County; and advised of distribution of the report. She stated one of the challenges is a rapidly aging population; and advised of the increased growth rates in the 69 and 44-54 age groups and decline in the 25-34 and 18-24 age groups. She stated this indicates those moving to the County are in the older age groups and those leaving the County are in the younger age groups; and the aging of the population has a great impact on the type, level, and usage of services required for workforce composition and availability and the type of economic and community growth that is supported. She stated there is a weakening of the per capita income in the County, low labor force participation rate, and weak aspects of the current job mix; and noted income figures in relation to State and national averages. She stated there is a lower percentage of income coming from earnings while a higher percentage comes from transfer payments from the State or nation; and commented on the challenge of diversifying the local economy. She stated the presence of NASA and Patrick Air Force Base and their related opportunities provide unique opportunities the County should continue to optimize; but at the same time the County must continue to prepare itself for the potentials of downsizing or elimination of those industries in the community. She stated the executive summary also notes strong social and economic conditions in the County, such as a low crime rate, low poverty rate, strong growth rate, strong job rate, well educated populous, and oceanfront locale. She stated they also compared the County to communities of similar size and population, demographics, a military presence, and high tech industry; and the comparison communities were Colorado Springs, Colorado, Huntsville, Alabama, and Tacoma, Washington. She stated in terms of aging population, the County has a high level of domestic migration, which is reflected in the age distribution for the County; the County has a significantly higher proportion of its population in the over 69 age group; and in terms of per capita income, the County has lost ground to the comparison communities as well.

Ms. Finney stated the community capacity assessment is a competitive comparison of the County's attractiveness as a place to live and do business; and advised of the distribution of the report. She stated there are four components to the assessment; and they are not multiple choice as the County must get them all right. She stated in the past quality of life might have been fourth, but in today's competitive world, it is of equal importance; and to create the kind of vibrancy and sustainability, everything must be done well and in balance. She stated in terms of workforce education and skills, the current workforce is reasonably well prepared; in education the County regularly scores higher in SAT scores; last year the tenth graders were higher than State averages on the FACT, and math, reading, and writing; and there is a good range of higher educational offerings as well. She stated when compared to Colorado Springs or Tacoma, the County has a lot to be proud of, but there is still room for improvement. She stated despite strong past performances, the County is still frequently behind the overall educational attainment in comparison communities; and last year the average teacher salary was $1,524 below the Florida State average. She commented on the County's low labor force participation rate and low unemployment rate; and stated the study notes the County has great strength in its one-stop career centers that assist job seekers. She stated the second component of the assessment deals with infrastructure; overall water and sewer infrastructure are fragmented; and close attention needs to be paid to capacity and Countywide services. Ms. Finney stated housing compares well; and the potential addition of Amtrak could be significant. She stated Melbourne Airport is underutilized; and Port Canaveral is a tremendous advantage in terms of passengers; but the value of commodities, imports and exports to Port Canaveral are small in comparison to Jacksonville and Miami. She stated the telecommunications infrastructure is appropriate for the needs; and BellSouth offers a good network of ISDN, PRI, and T1 lines, allowing residents and businesses to have high-speed Internet access. She stated the third component of the community capacity assessment is the business climate and cost; drawing and keeping young professionals will be the key to success; but the 25 to 34-year old group has declined almost 16% in the last decade. She stated Brevard County and Florida have instituted numerous tax incentives for business; but energy costs are more expensive than in comparison communities. She stated nationally the County is recognized as a high-tech community, and is cited as having the eighty most high-tech workers for every 1,000 jobs; and 178 patents have been issued to Brevard County residents in the last decade. She stated the fourth element is quality of life; the County's natural beauty and environment are fragile; and its three watersheds received quality score of three out of six from the EPA, meaning they have only less serious problems and pollutants and other stresses are relatively low. She stated through the EEL's Program, the County has purchased 16,300 acres to protect undeveloped lands from further sprawl; but there are also eight monitored hazardous waste sites in the County. She stated the County enjoys countless number of recreational activities and a relatively low cost of living; it enjoys a variety of arts and cultural amenities as well as ecology and nature venues; however, it has some areas of concern such as increasing drug use in the youth of the County. She stated the rates are approximately twice the size of the State average for all types of drugs including alcohol, cigarettes, marijuana, cocaine, heroin, hallucinogens, and methamphetamines; and 18.1% of 10 to 17-year olds have been arrested versus the State average of 15.3%. She commented on increased calls to child abuse hotlines; stated there are some real challenges before the County, but there are strengths to build on as well; and as Brevard Tomorrow moves forward, it will be considering both. She stated change is debilitating when it is done to us, but exhilarating when done by us; the community has a strong heritage of successfully dealing with challenges; from the early days with farming and agriculture, irrigation, mosquito control, and transportation to today's challenges with the global role in the space program, the County has always moved forward with a pioneer heart; and today is no different. She stated the County is a community of diverse men and women who make their homes here and actively embrace the high quality of life and every asset the County has to offer; and Brevard Tomorrow is poised to serve as architects and builders of change to build a more vibrant and sustainable future. She thanked the Board for its interest and investment in Brevard Tomorrow; and advised of the website address at brevardtomorrow.com where the studies are posted and the telephone number for Brevard Tomorrow. She advised the third study is scheduled to be online on October 20, 2001 and will be reviewed by the leadership team on November 2, 2001.

Chairman Carlson stated this is an ongoing process and a community-based initiative; she and Ms. Finney Co-chair the private/public partnership of Brevard Tomorrow; there are many different strategic plans; and it is the intent of this process to bring elements of all the plans into the mix. She stated she and Ms. Finney are available to do presentations on Brevard Tomorrow; and anyone wishing to request a presentation may contact Brevard Tomorrow at 631-4397, call her office, or contact Ms. Finney at United Way.

Commissioner Scarborough inquired if people can make comments through the website; with Ms. Finney responding affirmatively. Ms. Finney noted there is also a list of those serving on the steering committee; those people are dispersed throughout the community; and if someone wanted to have a conversation, they could go to any of the members.

Chairman Carlson stated the steering committee, which is made up of 24 members, represents over 115 different organizations in the community; so the word will get out that everyone's input is desired. She stated through the process, they have been getting a lot of diverse input; and all comments are necessary to make the process work.

Commissioner O'Brien stated Ms. Finney mentioned that the County's schools are better than the State average because so many students were passing the SAT with high marks. Ms. Finney stated the County's test scores were 24 points higher than the State average last year and three points higher than the national average on SAT's. Commissioner O'Brien stated in ratings of schools, the County scores in the 46th percentile, which is below the national average; he finds Ms. Finney's statement to be contrary to the results for the entire school system; and requested the committee take another look at that to get a realistic picture. Ms. Finney stated it is difficult to capture all of the profile of the school system in the time allotted this morning; the impression they have of the schools is that they do very well with limited resources; and commented on student expenditures and teacher salaries being below average. Commissioner O'Brien stated Ms. Finney said the salaries were $1,500 below average, and to a teacher, that is a lot of money. Ms. Finney stated that is compared to the State average; there was no comparative nationally; and it is difficult when talking about cost-of-living to get those comparatives. She commented on the difficulties in comparing test scores; and stated basically they have come away with the impression that the County does not spend as much as other communities on the school system, but that it is doing well with limited resources. Commissioner O'Brien stated he hates to see such statements within the final paper, not recognizing the serious problems of all schools in Florida; the County is below the national average; and inquired how the community can help get those numbers up.

Chairman Carlson stated those are some of the issues that will be assessed once they go through the process; there is some missing information; the County has SAT scores, while the western portion of the United States uses the ACT scores; and there are no FCAT comparisons within the State; but through the process, they will ask for more detail.

Commissioner O'Brien stated it is important to do that because the Board does not want just a glowing report; with Chairman Carlson agreeing it must be realistic.

Commissioner O'Brien stated Ms. Finney also mentioned the waterways; with Ms. Finney responding they were rated three on a scale of zero to six. Commissioner O'Brien inquired what does that mean; with Ms. Finney responding the reference was to quality of the waterways; the EPA review of the three watersheds resulted in a rating of three out of zero to six, which means there are not major problems with the waterways; and there is further detail on that included in the executive summary. Commissioner O'Brien stated that is contrary to what the general public is saying about the quality of the river being bad.

Commissioner Higgs stated it is interesting that the County is in the middle in terms of quality of waterways, education, and a lot of other things; and it points out what Brevard Tomorrow is all about, which is making a decision which way to go. She stated right now the County is in the middle of the hill, and can either slide down or go up to the other side; and this is giving the community the data so it can make a decision where it is going in the future. Ms. Finney stated it is either describing it as half full or half empty; and they are looking at trends and where they will go if they continue on a path or where they will go if they make a change.

Chairman Carlson stated it is an interesting choice; and the County could choose to be mediocre or it could choose to be a more brilliant community with a high quality of life.

Commissioner Colon stated it is a very well-balanced report; and it was not just supposed to make the Board feel good, but to allow the Board to figure out where it can move ahead. She stated Ms. Finney talked about the children; one fact that stood out was the consumption of drugs by young people; and it is time for the community to wake up. She stated in Palm Bay the average age is 33 or 34 years old, which is the total opposite of what Ms. Finney said; but the figures given were for the entire County, and not just one city, so that is an example of how balanced the report is. She stated the committee has done a good job of letting the community know where it is and where it is going from here; the only way the County can work is with concrete data; and expressed appreciation to Brevard Tomorrow. Ms. Finney stated the group is at the end of the collection of information; and for the next two months, they will start getting into issues. She stated they have been cautioned not to come to conclusions or get to the what needs to be done part; and that has been difficult because they are ready to get to work.

RESOLUTION, RE: RECOGNIZING CONTRIBUTIONS OF REVEREND WILLIAM C.
STAFFORD

Commissioner Scarborough read aloud a resolution recognizing the contributions of Reverend William C. Stafford.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution recognizing the contributions of Reverend William C. Stafford to Brevard County. Motion carried and ordered unanimously.

Commissioner Scarborough advised he will present the Resolution to Reverend Stafford at another time.

RESOLUTION, RE: PROCLAIMING MENTAL HEALTH AWARENESS WEEK

Commissioner Scarborough read aloud a resolution proclaiming October 7 through 13, 2001 as Mental Health Awareness Week.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution proclaiming the week of October 7 through 13, 2001 as Mental Health Awareness Week. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Frieda Schildroth. Ms. Schildroth, representing NAMI, expressed appreciation to the Board for the Resolution; and advised of the history and purpose of the National Alliance for the Mentally Ill (NAMI). She stated according to the Surgeon General's report mental illness is more common than cancer, diabetes, or heart disease; one in every five families is affected; and there should be no shame involved when someone has a mental illness. She stated many people do not know the symptoms of mental illness; that is why education is vital to a healthy society; and it is important to recognize symptoms and get immediate help for those with mental illness as early diagnosis and treatment saves lives, saves money, and helps to insure that the person with mental illness can lead a full and productive life. She stated proper diagnosis, medical care, education, and support services are the keys to wellness.

Commissioner O'Brien stated the ratio is one to five families; and inquired how many people in the County have a mental illness that would affect their ability to live in the community; with Ms. Schildroth responding she does not have that number. Commissioner O'Brien estimated the number would be approximately 7,000; with Ms. Schildroth advising it is a crisis now with lack of funding for treatment.

RESOLUTION, RE: PROCLAIMING 4-H CLUB WEEK

Chairman Carlson read aloud a resolution proclaiming the week of October 7 through 13, 2001 as 4-H Club Week.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution proclaiming the week of October 7 through 13, 2001 as 4-H Club Week. Motion carried and ordered unanimously.

Chairman Carlson presented the Resolution to representatives of the 4-H Club. Representatives of 4-H presented a cake to the Board; and advised of various 4-H activities, including Beef Club, Poultry Club, sewing, posters, and attendance of the Mock Legislature.

RESOLUTION, RE: PROCLAIMING NATIONAL PHARMACY WEEK

Commissioner O'Brien read aloud a resolution proclaiming the week of October 21 through 27, 2001 as National Pharmacy Week.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution proclaiming the week of October 21 through 27, 2001 as National Pharmacy Week. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Tammy Farrington, who expressed appreciation to the Board. Ms. Farrington urged the community to continue utilizing one of the most easily accessed forms of health care; and advised pharmacy has been voted the most trustworthy profession nationally for over ten years.

RESOLUTION, RE: PROCLAIMING CIVILITY WEEK

Commissioner Colon read aloud a resolution proclaiming the week of September 30 through October 7, 2001 as Week of Civility-2001.

Motion by Commissioner Colon, seconded by Commissioner O'Brien, to adopt Resolution proclaiming the week of September 30 through October 7, 2001 as Week of Civility-2001. Motion carried and ordered unanimously.

Commissioner Colon presented the Resolution to Mr. McCuen, representing the Interfaith Alliance, who expressed appreciation to the Board for the Resolution.

PRELIMINARY PLAT APPROVAL, RE: MISSION BAY APARTMENTS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant preliminary plat approval for Mission Bay Apartments, subject to compliance with the recommendations by review agencies and all other applicable policies, ordinances, laws, and regulations, and with developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: DEER LAKES SUBDIVISION, PHASE I

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Deer Lakes Subdivision, Phase I, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: BAYTREE, PHASE III, BALMORAL SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Baytree, Phase III, Balmoral Subdivision, subject to minor changes if necessary receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL AND INFRASTRUCTURE CONTRACT, RE: VIERA
TRACT L, PHASE 2, UNIT 5

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Viera Tract L, Phase 2, Unit 5, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits, and execute Contract with The Viera Company guaranteeing infrastructure improvements in the development. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH THE VIERA COMPANY, RE: TRACT E-1, PHASE 2
(SOMERVILLE SUBDIVISION)

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Infrastructure Contract with The Viera Company guaranteeing improvements in Tract E-1, Phase 2, Somerville Subdivision. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REQUIRING
WETLAND DELINEATIONS WITH REZONING APPLICATIONS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise public hearing to consider an ordinance requiring wetland delineations with rezoning applications. Motion carried and ordered unanimously.

ACKNOWLEDGMENT, RE: ANNEXATION BY CITY OF ROCKLEDGE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of an annexation by the City of Rockledge of 11± acres at the southeast corner of Fiske Boulevard and Roy Wall Boulevard, reviewed by County Departments in accordance with the Joint Planning Agreement and found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

ACKNOWLEDGMENT, RE: DE-ANNEXATION BY CITY OF MELBOURNE AND
ANNEXATIONS BY CITY OF INDIAN HARBOUR BEACH

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge de-annexation by the City of Melbourne of .77 acre located on the north side of Eau Gallie Boulevard, east of South Patrick Drive, and west of SR A1A and annexation by the City of Indian Harbour Beach of Lot 258 de-annexed by Melbourne and Lot 258.1 of .87 acre, which were reviewed by the County Departments and found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING FEES FOR VACATING COUNTY ROADS, EASEMENTS
AND RIGHTS-OF-WAY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution revising fees for vacating of County roads, easements, and rights-of-way. Motion carried and ordered unanimously.

RESOLUTION AUTHORIZING LEASE AND AMENDMENT TO LEASE AGREEMENT WITH
CROSSWINDS YOUTH SERVICES, INC., RE: PROPERTY AT 55 NORTH COURTENAY
PARKWAY, MERRITT ISLAND

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing lease to a non-profit organization; and execute Amendment to Lease Agreement with Crosswinds Youth Services, Inc. for use of property at 55 North Courtenay Parkway in Merritt Island from October 1, 2001 through September 30, 2006 at $1.00 a year plus costs of all maintenance and utilities. Motion carried and ordered unanimously.

ACCEPTANCE OF DEED FROM DAVID AND DIANE AUGUSTO, RE: ROAD
RIGHT-OF-WAY FOR AREA OFF FLEMING GRANT ROAD

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept Deed from David W. and Diane L. Augusto for a road right-of-way off Fleming Grant Road in Section 11, Township 30 South, Range 38 East. Motion carried and ordered unanimously.

AGREEMENT WITH THE ZIMMERMAN AGENCY, RE: PUBLIC AND MEDIA RELATIONS
SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with The Zimmerman Agency for public relations and media services for two years with one year option renewal at $168,720 for FY 2001-02, including retainer, production, and out-of-pocket expenses, and price for FY 2002-03 to be negotiated. Motion carried and ordered unanimously.

AGREEMENT WITH THE BUCHANAN COMPANY, RE: SPORTS PROMOTION AND
DEVELOPMENT SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with The Buchanan Company to provide sports promotion and development services from October 1, 2001 through September 30 2006, unless sooner terminated. Motion carried and ordered unanimously.

APPROVAL, RE: TDC 2002 CATEGORY A, PROMOTION AND ADVERTISING GRANT
PROGRAM HANDBOOK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve TDC 2002 Category A, Promotion and Advertising Grant Program Handbook, as recommended by the Tourist Development Council. Motion carried and ordered; Commissioner Higgs voted nay.

AGREEMENT WITH KEEP BREVARD BEAUTIFUL, RE: TDC CATEGORY B, BEACH
CLEAN-UP GRANT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Keep Brevard Beautiful, Inc. for a TDC Category B, Beach Clean-up Grant of $109,500 to fund its litter reduction programs. Motion carried and ordered unanimously.

PERMISSION TO PURSUE, RE: DEVELOPING A SPACE TOURISM TASK FORCE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Tourist Development Council to pursue developing a space tourist task force for the purpose of ensuring that space tourism flights originate from Brevard County; and grant permission to correspond with the Governor's Office to request endorsement and an appointed representative on the task force. Motion carried and ordered unanimously.

APPROVAL OF CHANGE, PURCHASE, AND INSTALLATION, RE: REPLACEMENT OF
AVGAS FUEL TANK AND DISPENSING EQUIPMENT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve a change to the purchase and installation of a replacement AVGAS fuel tank and dispensing equipment at Valkaria Airport, to increase the size previously approved from 10,000-gallon to 12,000-gallon capacity, and to award the project to the lowest responsive bidder, Fuel Tech, Inc., at $50,185. Motion carried and ordered unanimously.

AGREEMENT WITH MT. CARMEL OF CITY POINT HUMAN SERVICES, INC., RE:
TUTORING AND REMEDIAL EDUCATION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Mt. Carmel of City Point Human Services, Inc. to provide tutoring and remedial education services, from October 1, 2001 through September 30, 2002 for $30,062 from CDBG and $5,000 from CBO. Motion carried and ordered unanimously.

RESOLUTIONS AND LEASE AGREEMENTS WITH SPACE COAST CHAPTER OF THE
NATIONAL TECHNICAL ASSOCIATION, INC., RE: USE OF ISAAC CAMPBELL, SR.
AND GIBSON COMMUNITY CENTERS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolutions and execute Lease Agreements with Space Coast Chapter of the National Technical Association, Inc. for use of portions of Isaac Campbell, Sr. Community Center and Gibson Community Center from October 1, 2001 through September 30, 2002. Motion carried and ordered unanimously.

AGREEMENT WITH NORTH BREVARD OFFICIALS ASSOCIATION, INC., RE:
OFFICIATING SERVICES FOR ATHLETIC ACTIVITIES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with North Brevard Officials Association, Inc. to provide officiating services for athletic activities from October 1, 2001 through September 30, 2002 at $18,000. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF
BREVARD COUNTY, INC., RE: USE OF CUYLER COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing leasing of a building to a non-profit corporation, and execute Lease Agreement with Child Care Association of Brevard County, Inc. for use of a portion of Cuyler Community Center from October 1, 2002 through September 30, 2002 at $350 a month. Motion carried and ordered unanimously.

MULTI-PARTY ACQUISITION AGREEMENT WITH CITY OF PALM BAY, OFFICE OF
GREENWAYS AND TRAILS, AND DIVISION OF STATE LANDS, RE: BROOKHOLLOW
WEST PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with City of Palm Bay, Department of Environmental Protection Division of State Lands and Department of Environmental Protection Office of Greenways and Trails for acquisition of Brookhollow West property. Motion carried and ordered unanimously.

RATIFY MEMBERS OF DEPENDENCY SELECTION COMMITTEE, AND EXECUTE
AGREEMENTS WITH SEAN ANDERSON, PHILIP MITCHELL, THOMAS THOMPSON,
AND SHARI WILSON, RE: LEGAL REPRESENTATION OF INDIGENT PARENTS IN
DEPENDENCY PROCEEDINGS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to ratify the membership of the Dependency Selection Committee, and execute Agreements with Sean Anderson, Philip Mitchell, Thomas Thompson, and two with Shari Wilson, to provide legal representation of indigent parents in dependency proceedings from October 1, 2001 through September 30, 2002 at $36,400 a year. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION, RE: SPACE COAST AREA TRANSIT BLOCK GRANT FUNDS
FOR FY 2002

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing execution of a Public Transit Block Grant Agreement with Florida Department of Transportation (FDOT); and execute the Public Transportation Joint Participation Agreement with FDOT for the Space Coast Area Transit Block Grant for FY 2002. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING DEVELOPMENT REVIEW FEES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution revising development review fees. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION
COMMITTEE, RE: SALE OF LANDFILL GAS AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize advertisement of Request for Proposals for sale of landfill gas from the Central Disposal Facility. Motion carried and ordered unanimously.

PERMISSION TO OBTAIN APPRAISALS, NEGOTIATE, AND EXECUTE CONTRACT, RE:
PURCHASE OF PROPERTY FOR NEW SOUTH BREVARD TRANSFER STATION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Solid Waste Management Department to obtain appraisals, negotiate a purchase price, prepare a Contract for Sale and Purchase, and authorize the Chairman to execute the Contract for purchase of 160 acres for the new South Brevard Transfer Station. Motion carried and ordered unanimously.

APPROVAL OF REQUEST FROM SEASONS IN THE SUN MOTORCOACH RESORT,
RE: INSTALLMENT PAYMENT PLAN FOR WATER AND WASTEWATER CONNECTION
FEES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the request from Seasons in the Sun Motorcoach Resort for an installment payment plan for water and wastewater connection fees. Motion carried and ordered unanimously.

AUTHORIZATION TO INCREASE PURCHASE ORDER TO AMPS, INC., RE: WATER WELL
REHABILITATION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize increase of Purchase Order No. 4500007432 with Amps, Inc. to $38,267.57 for water well rehabilitation services. Motion carried and ordered unanimously.

AWARD OF BID AND EXECUTE CONTRACT WITH CANAVERAL CONSTRUCTION
COMPANY, INC., RE: BID #B-4-01-73, B-3 FORCE MAIN REPLACEMENT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Bid No. B-4-01-73, B-3 Force Main Replacement, to Canaveral Construction Company, Inc. at $182,375; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

AWARD OF BID AND EXECUTE CONTRACT WITH MAXWELL CONTRACTING, RE: BID
#B-3-01-88, POTABLE WATER EXTENSION FOR LAKEMONT ROAD WATERLINE
MSBU

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Bid No. B-3-01-88, Potable Water Extension for Lakemont Road Waterline MSBU, to Maxwell Contracting at $77,000; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

AWARD PROPOSAL, APPOINT NEGOTIATING COMMITTEE, AND EXECUTE CONTRACT
WITH MILES MEDIA GROUP, RE: PROPOSAL #P-3-01-29, TOURISM WEBSITE
DEVELOPMENT AND INTERNET MARKETING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-3-01-29, Tourism Website Development and Internet Marketing Services, to Miles Media Group; appoint TDC Chairman Roger Dobson, Assistant County Manager Peggy Busacca, Assistant County Attorney Kim Brautigam, and TDC Executive Director Rob Varley to the Negotiating Committee to negotiate the terms of the Contract; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

RESOLUTION AND CO-LOCATION AGREEMENT WITH BREVARD COUNTY SCHOOL
BOARD, RE: WIRELESS DATA PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing transfer of real property interest in County property; execute Co-location License Agreement with the Brevard County School Board supporting its wireless data project; and authorize the County Manager or his designee to execute subsequent actions and renewals of the Agreement. Motion carried and ordered unanimously.

APPROVE PROCUREMENT FROM BREVARD COUNTY SHERIFF'S OFFICE CONTRACT
WITH COMMUNICATIONS INTERNATIONAL, INC., AND AUTOMATIC SELF-RENEWAL,
RE: COUNTYWIDE RADIO MAINTENANCE SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve procurement from Brevard County Sheriff's Office Contract 01-0003 with Communications International, Inc. for Countywide Radio Maintenance Services; authorize automatic self-renewal for the full term of the Contract as specified in Section 3.0(A) of the Sheriff's Master Contract, based on annual evaluation of acceptable performance; and authorize execution of the Subcontract Agreement 01-0003 with Communications International, Inc. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PUBLICATION OF SUMMARY NOTICE OF SALE AND
PRELIMINARY OFFICIAL STATEMENT FOR ISSUANCE OF SALES TAX REFUNDING
AND IMPROVEMENT REVENUE BONDS, SERIES 2001

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing publication of the Summary Notice of Sale of the Sales Tax Refunding and Improvement Revenue Bonds, Series 2001; authorize the County Manager or his designee to finalize the Preliminary Official Statement and the Final Official Statement, and select Bond Insurers, Registrar, and Paying Agents; and authorize the Chairman to award the sale of the Sales Tax Refunding and Improvement Revenue Bonds, Series 2001. Motion carried and ordered unanimously.

APPROVAL OF EXTENDED REPORTING PERIOD, RE: OPTION COVERAGE FOR
FY 2001-02

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Extended Reporting Period Option Coverage for Public Officials and Employment Practices Liability, effective October 1, 2001, as proposed by A. J. Gallagher & Company. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE NOTICE OF INTENT, RE: INCLUSION OF ADDITIONAL
POSITIONS IN FLORIDA RETIREMENT SYSTEM SENIOR MANAGEMENT SERVICE
CLASS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to publish Notice of Intent once a week for two consecutive weeks to designate four additional positions, Regional Stormwater Utility Department Director, Facilities Department Director, Natural Resources Management Office Director, and Central Services Office Director, to be included in the Senior Management Service Class of the Florida Retirement System effective October 1, 2001. Motion carried and ordered unanimously.

CONFIRMATION OF DIRECTORS, RE: REGIONAL STORMWATER UTILITY
DEPARTMENT AND FACILITIES DEPARTMENT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to confirm the appointment of Ronald Jones, PE, as Director of the Regional Stormwater Utility Department, and Samuel Stanton as the Director of the Facilities Department. Motion carried and ordered unanimously.

APPROVAL TO SPEND FORFEITURE FUNDS, RE: 2001 FLORIDA POLICE
ACCREDITATION COALITION CONFERENCE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve spending up to $10,000 from the forfeiture funds, pursuant to Florida Statutes 932.7055(4)(a)(b), to host the 2001 Florida Police Accreditations Coalition Conference from October 8 through 12, 2001 in Cocoa Beach. Motion carried and ordered unanimously.

APPROVAL TO SPEND FORFEITURE FUNDS, RE: CAPITAL PURCHASE FOR G.R.E.A.T.
INSTRUCTOR

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve spending $40,000 from forfeiture funds, pursuant to Florida Statutes 932.7055(4)(a)(b), for capital purchases to support the new G.R.E.A.T. instructor position awarded by ATF federal grant. Motion carried and ordered unanimously.

APPEAL OF ORDER, RE: FARM AND GROVE REALTY, INC. VS. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize appeal of an order regarding the payment of Brevard County's expert witness costs in the case of Farm and Grove Realty, Inc. v. Brevard County. Motion carried and ordered unanimously.

AUTHORIZE EXECUTION OF STIPULATED SETTLEMENT AGREEMENT WITH ALFRED
AND SARA POST, RE: BREVARD COUNTY VS. ROBERT AMY, ET AL, SHORE
PROTECTION PROJECT SOUTH

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize execution by the County Attorney's Office of a Stipulated Settlement Agreement with Alfred and Sara Post in the case of Brevard County v. Robert Amy, et al - Shore Protection Project South, for $2,045. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Anselmo Baldonado to the Tourist Development Council, with term to expire October 8, 2005; Mary Geoltz to the Recreation and Parks South Service Sector Area Advisory Board, with term to expire December 31, 2001; Eddie Carr to the Planning and Zoning Board, with term to expire December 31, 2001; and Gordon Prentice to the Planning and Zoning Board as alternate, with term to expire December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Bills, as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN THE VILLAS AT NEWFOUND HARBOR - RODOLFO AND MABEL
BARRIAL

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in The Villas at Newfound Harbor as petitioned by Rodolfo and Mabel Barrial.

Commissioner O'Brien inquired if, instead of vacating this important easement, the Board can waive any Code Enforcement action until such time as the elderly relative is no longer a resident. He noted this is an important easement that runs along the entire back and one side of the property; and it has cable TV, telephone, sewer, water, etc. He expressed concern about vacating the easement when there may be another solution.

County Attorney Scott Knox stated there is a mechanism in the Utilities Department known as an easement encroachment agreement, which has been used in the past. Commissioner O'Brien inquired if the applicant would be willing to consider an easement encroachment agreement; with Luis Carreja, representing the applicants responding that would be acceptable. Commissioner O'Brien stated he understands the seriousness of the health issue, but it is temporary; and if the Board vacates the easement, it is permanent. He commented on problems with a previously vacated easement.

Commissioner Higgs stated she understands the relationship between the rear easement and the health issue, but not the relationship between the woodshed and the health issue. Mr. Carreja stated if it is required, the applicant can take that down.

Commissioner O'Brien inquired who the applicant should contact for an encroachment agreement; with Mr. Knox responding either his office or Ms. Streeter. Commissioner O'Brien inquired if Ms. Streeter can meet with the applicant to discuss the agreement; with Ms. Streeter responding that is fine. Commissioner O'Brien stated the agreement will allow them to use the easement until the relative is no longer a resident, and then the agreement will end and whatever construction is there will have to go. Mr. Knox advised typically the agreement would come back to the Board.

There being no further comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to continue the public hearing to consider a resolution vacating public utility and drainage easements in The Villas at Newfound Harbor as petitioned by Rodolfo and Mabel Barriel to October 16, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT ONE - ROBERTA J. BOLTON

Chairman Carlson called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One as petitioned by Roberta J. Bolton.

There being no comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One as petitioned by Roberta J. Bolton. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF STUART AVENUE IN
SUNNYLAND BEACH, 1ST ADDITION - VISTAR REALTY, INC.

Chairman Carlson called for the public hearing to consider a resolution vacating a portion of Stuart Avenue in Sunnyland Beach, 1st Addition, as petitioned by Vistar Realty, Inc.

Commissioner Higgs inquired if there are no objections; with Assistant Public Works Director Ed Washburn responding there was a letter from a gentleman who lives on the ocean who objected, but he is not that close to the applicant's property. Commissioner Higgs inquired what was the objection; with Mr. Washburn responding he felt the County had considered too many other variances, but he did not get those variances, so the objection is not valid. Commissioner Higgs stated this is the only thing the Board has seen for this parcel; it is an unused right-of-way; and she does not see any negative impacts on anyone.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt a Resolution vacating a portion of Stuart Avenue in Sunnyland Beach, 1st Addition as petitioned by Vistar Realty, Inc.

Commissioner O'Brien inquired if this is just a small portion of the right-of-way; with Commissioner Higgs responding it is a piece of unused right-of-way at the end of the street; and the street goes nowhere.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN SIX MILE CREEK SUBDIVISION, PHASE IV - BLAIR AND LORETTA
WILBUR

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easement in Six Mile Creek Subdivision, Phase IV, as petitioned by Blair and Loretta Wilbur.

Chairman Carlson inquired if there were any objections; with Assistant Public Works Director Ed Washburn responding no. Chairman Carlson stated one card was submitted by Mr. Betten. Terry Betten indicated he has no objections.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating public utility and drainage easement in Six Mile Creek Subdivision, Phase IV, as petitioned by Blair and Loretta Wilbur. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING
FINAL ASSESSMENT ROLL FOR WROBEL PLACE WATERLINE MSBU

Chairman Carlson called for the public hearing to consider a resolution accepting improvements and adopting final assessment roll for Wrobel Place Waterline MSBU.

There being no comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution accepting improvements and adopting final assessment roll for Wrobel Place Waterline MSBU. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL
FOR LAKEMONT ROAD WATERLINE MSBU

Chairman Carlson called for the public hearing to consider resolution confirming preliminary assessment roll for Lakemont Road Waterline MSBU.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt a Resolution confirming preliminary assessment roll for Lakemont Road Waterline MSBU. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND AMENDMENT TO AGREEMENT WITH
PAULINO VASALLO M.D., RE: MEDICAL EXAMINER'S FEES AND SERVICES

Chairman Carlson called for the public hearing to consider resolution and Amendment to Agreement with Paulino Vasallo, M.D. for Medical Examiner's Fees and Services.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt a Resolution establishing fees for services provided to agencies and the public from the Medical Examiner's Office, District 18; and execute Amendment to Agreement with Paulino Vasallo, M.D. to reflect fee changes. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING THE WOODLANDS WATERLINE MSBU

Chairman Carlson called for the public hearing to consider an ordinance creating the Woodlands Waterline MSBU.

Motion by Commissioner Scarborough, to adopt an Ordinance of Brevard County, Florida creating the Woodlands Waterline Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion died for lack of a second.

Jeff Schiff, President of the Woodlands Lake Washington Homeowners Association, urged approval of the MSBU, advising of the 16 homeowners, 14 voted yes, and two did not return the survey cards. He advised Robert Ross had to leave, but also urges approval.

There being no further comments, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance of Brevard County, Florida creating the Woodlands Waterline Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, SECTION 2-73,
DEPARTMENTAL STRUCTURE OF COUNTY GOVERNMENT

Chairman Carlson called for the public hearing to consider an ordinance amending Article II, Section 2-73, Departmental Structure of County Government.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt an Ordinance amending Article II Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for the departmental structure of County government; providing for conflicting provisions, severability, and an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-2883, REQUIREMENTS
FOR PERIMETER BUFFERING FOR RESIDENTIAL SUBDIVISIONS

Chairman Carlson called for the public hearing to consider an ordinance amending Section 62-2883, Requirements for Perimeter Buffering for Residential Subdivisions.

Assistant County Manager Peggy Busacca stated the Board tabled this and asked staff to meet with representatives of the development community to try to work out something; and the development community felt the ordinance was a broad-brush attempt to address issues that could be better addressed by modifying several existing Ordinances, including the Subdivision and Land Clearing Ordinances, and that some issues could be addressed on a specific basis at the rezoning stage.

Commissioner O'Brien stated the development community felt compatibility should be addressed during the rezoning process, but rezoning is not the right time to do it; and if there is going to be talk about compatibility in a buffer zone, it should be in the ordinances so it is upfront rather than being discussed and manipulated during the rezoning process. He stated in terms of dust and erosion, it was mentioned that tanker trucks had to be brought in to wet down the dust; this has been a concern of the Board and many homeowners who live close to construction sites; every construction site, except those for one lot at a time development, has to have a retention pond; and inquired if they could use that pond with a sprinkler system, and sprinkle on a regular basis every three or four hours to keep the dust and dirt down.

Land Development Director Bruce Moia stated the concept is right; and those issues might be better addressed in the ordinances rather than just providing a buffer. He stated those details can be put into the Ordinances, such as the Land Clearing Ordinance, and requirements and specifics can be included, such as technique and methods. He suggested looking at each individual issue and putting it in the appropriate Ordinance.

Commissioner O'Brien stated the development representatives believe the existing Land Clearing Codes and regulations should be modified to provide clear directives to control erosion requiring the temporary retainage of existing vegetation during construction and requiring the clearing to be completed by phases limited in size; and he would like to see that included in the ordinance. He stated if they are going to build four homes or a model home, the rest of the property should not be cleared as that could result in erosion; and he is concerned about a number of issues that the development community believes would arise from implementation of the proposed buffer, such as mosquito breeding areas. He noted there is potential for even more mosquitoes if they do not develop; and invasion of privacy by maintenance crews can be settled with a homeowners agreement to maintain the property; so there are solutions to the problems being brought forth. He stated the Board should look at the solutions and go forward with the ordinance.

Commissioner Higgs stated some issues have been raised that may be solved more effectively in other Ordinances; and recommended the item be continued for 60 days to allow staff time to look at the issues and how they may be solved in other ways. She suggested leaving the proposed ordinance as a possibility and directing staff to work for the next 60 days to see if the problems can be solved.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to continue the public hearing for 60 days.

Commissioner Scarborough stated since there has been a motion to continue, he will defer his remarks.

Commissioner Higgs withdrew the motion.

Commissioner Scarborough stated he is concerned about the comments that the 15-foot buffer is going to create crime, bring mosquitoes, and drive young people from the community; those things may happen, but there are things that probably have a closer causal relationship; and if this is a compatibility issue, he has a problem with the cookie cutter approach. He stated it is conceivable that the adjoining property could have larger homes on larger tracts; and in that case, the 15-foot buffer would not be needed. He stated the person who builds first would not have the 15-foot perimeter, but the new builder would; and he could work with this if there was a direct relationship. He stated if there is a 15-foot perimeter, many times the property owners will be maintaining it, as they do with easements; and some of the comments are not relevant, but he sees a cookie cutter approach.

Commissioner Higgs stated the Board should examine the best way to achieve this; the concept of compatibility at the zoning stage is real, and the Board should do that; but she does not want to take the proposed ordinance off the table because if there is not another way to solve this, she is going to vote for it. She suggested seeing if there are some other ways that do not create more problems in the process.

Motion by Commissioner Higgs, to continue the public hearing to consider an ordinance amending Section 62-2883, Requirements for Perimeter Buffering for Residential Subdivisions to December 4, 2001 to allow staff to come back with recommendations.

Commissioner O'Brien stated he was under the impression that the buffer would be between developments, not single-family lots; recommended the Board consider what size development would require the buffer zone; and gave the example of Villa de Palmas in Merritt Island that will abut townhouses. He stated if there is a two-story apartment looking into a back yard, a buffer would help.

Chairman Carlson stated in that case and others that have been mentioned, it is appropriate; but the Board needs to look at the existing Ordinances to see if the standard level can be increased as well.

Commissioner O'Brien seconded the motion. Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

The meeting recessed at 10:31 a.m. and reconvened at 10:48 a.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-2808, REQUIRING
CERTIFICATE OF OWNERSHIP (TITLE OPINION) FOR SUBDIVISION AT
CONSTRUCTION PLANS/PRELIMINARY PLAT REVIEW SUBMITTAL

Chairman Carlson called for the public hearing to consider an ordinance amending Section 62-2808, requiring Certificate of Ownership (Title Opinion) for subdivision at construction plans/preliminary plat review submittal.

Land Development Director Bruce Moia stated currently Code requires that the County accept a Certificate of Ownership prior to bringing final plat approval to the Board; and the request is to require that Certificate at submittal for construction plan approval, so staff will be aware of any encumbrances to the property, such as easements or liens, prior to bringing it to the Board for approval.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt an Ordinance of Brevard County, Florida amending Chapter 62, Article VII, Code of Ordinances of Brevard County, Florida; specifically amending Section 62-2808, application for construction plans and preliminary plat review and approval, requiring a certificate of ownership; providing applicability in unincorporated areas; providing interpretation of conflicting provisions; providing severability; providing an effective date.

Commissioner O'Brien inquired if there is any way to include on the title that the property is in a flood zone, so there will be an awareness by the buyer that there may be a problem later. Mr. Moia stated typically when one buys a large piece of property to develop as a subdivision, there is a contract for sale and purchase with the current owner; and before they close on the property, they usually obtain some kind of approval from the County; so through the review process, they would be aware of the limitations, whether it is in a flood zone, or whether there was anything that would prevent them from developing in the manner they wish. He stated if they already owned the property or sold prior to making applications to the County, they would have to be aware themselves. Commissioner O'Brien stated Deer Run is a good example of people who bought property not being fully aware that they were in a flood zone. Mr. Moia stated if a person uses a lending institution, they will determine whether the property is in the flood zone, and most will require flood insurance; so those people would be aware; but if they bought property for cash, there is no way to insure they are made aware.

Chairman Carlson inquired if there is any way that is available; with County Attorney Scott Knox responding the County could require disclosure on the plat, but it would require an ordinance. Commissioner Scarborough stated that is a separate issue.

Commissioner O'Brien stated the Board has been discussing this for years, but has not taken effective steps toward consumer protection; buying a house and having to buy flood insurance does not have real meaning to the individual buyer; and recommended it be included on the title or blueprint so the purchaser will know the property is in a flood zone and what that may mean.

Chairman Carlson suggested Ms. Busacca include the issue in the floodplain item.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, ADDING CONTRACTORS
AND SUBCONTRACTOR TO CONTRACTOR LICENSING

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 22, adding contractors and subcontractor to contractor licensing.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance of Brevard County, Florida specifically amending Chapter 22, Article VI, Divisions 1 through 4, Code of Ordinances of Brevard County, Florida, specifically amending Section 22- 477, Definitions, adding definition and scope of work of new trades, framing/carpentry contractor, excavating contractor, masonry contractor, and swimming pool finishing subcontractor and providing for grandfathering, eliminating grandfathering for painting contractors and irrigation contractors, eliminating excavating from specialty contractors; specifically amending Section 22-529, classes of certificates of competency, adding framing/carpentry contractor, excavating contractor, masonry contractor and swimming pool finishing subcontractor; specifically amending Section 22-533, qualifications to practice; Restrictions, adding restriction for swimming pool finishing contractor; providing for severability; providing for codification and renumbering; providing for conflicting provisions; providing for area encompassed; and providing an effective date.

Commissioner O'Brien inquired why swimming pool finishing subcontractor is included. Licensing, Regulation, and Enforcement Director Onnie Massey advised all the swimming pool contractors wanted it as a sub-trade to help with the pool construction. County Manager Tom Jenkins stated there was a recent change at the State level that created significant practical problems by creating the new classification; and the specialist can be limited to just this skill without having to be able to build a pool.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARR ZONING CLASSIFICATION

Chairman Carlson called for the public hearing to consider an ordinance amending ARR zoning classification.

Planning and Zoning Director Mel Scott stated the intent of the ordinance is that the ARR zoning classification would no longer be allowed to be considered in the 25-year floodplain; and it defines that the property must satisfy six or more of the seven criteria listed in the ordinance. Mr. Scott stated it also removes some nuisance-generating agricultural uses such as hog farms.

R. D. Shapley, Vice President of the West Canaveral Groves Homeowners Association, stated his concern is what is classified as a hog farm, as the area is a small farming community with quite a few people raising animals for themselves; and Mr. Scott previously answered that. He stated the 25-year floodplain map has recently been changed; there are people living there who raise hogs, chickens, and in one case a cow; and inquired if they will be affected; with Chairman Carlson responding no.

Zoning Official Rick Enos stated the current ARR, as well as the proposed changes, would allow up to four hogs for personal use, and anything more than that would be defined as a hog farm, which is not permitted now in ARR or any agricultural classification without a conditional use permit. Mr. Enos stated there is no change as it relates to personal use of up to four hogs; and cows and chickens are permitted accessory to a residence.

Jerry Wall, resident of West Canaveral Groves, stated Commissioner O'Brien brought forth some interesting points about the diversified areas within the County where floodplains exist; and the problems being discussed can exist in several areas. He inquired in terms of the amended ARR, is the discussion within the 25-year floodplain or below the 25-year floodplain. He advised he is a member of the newly-formed homeowners association, which is in the process of organizing an informational meeting with Commissioner Scarborough and staff; and these are the things they will be discussing. He inquired what will happen if someone there now under ARR zoning has his/her dwelling destroyed, and how will amending ARR affect rebuilding. He inquired about permits that were issued under ARR, but under amended ARR would not be allowed; and what recourse or relief is available to individuals who find themselves unable to utilize their properties, noting the hardship of those denied use of their property. He stated there are concerns about manufactured housing not belonging in a floodplain area; advised of his experience in Broward County in the 1940's when 30 days of heavy rain followed by a hurricane resulted in the ground becoming super-saturated from Lake Okeechobee south and people were able to navigate the river in Ft. Lauderdale by following the heads of parking meters sticking above water; and noted in such a situation he would prefer to be in a modern manufactured home, which would be off the ground rather than a site-built home. He advised the impact of building a site-built house is much greater than the impact of bringing in a manufactured or modular home. He stated the people have concerns, which they will discuss with staff; and there probably will be other questions once they look into the issue.

Commissioner Scarborough requested staff address the questions. Mr. Scott stated the first question was the difference between being at or below the 25-year floodplain; and the intent of the ordinance is for the two terms to mean the same thing. He stated on page one of the proposed ordinance, the Board may wish to insert language to make it clear, "utilized within areas that are not located at or below the 25-year floodplain elevation." He stated the question was raised what happens if a residence is destroyed if the Code changes, and will people be able to rebuild; and the answer is yes, there are specific provisions in the Zoning Code that address when residences are destroyed, they are able to be rebuilt. Mr. Wall inquired if it can be the same type of residence; with Mr. Scott responding that is correct. Mr. Scott stated the question was also raised about whether or not this ordinance can result in a complete taking of the property; and he will let the County Attorney address that; but he does not believe the ordinance rises to that level in its present state. He stated the last question concerned whether the Board might consider a site-built versus a manufactured home being in the 25-year floodplain; and as written, the ordinance states that the ARR classification, which allows both types of homes, cannot be considered at or below the 25-year floodplain; but the Board could refine it, to limit a mobile home from locating in the 25-year floodplain.

Commissioner Scarborough stated the Board is going to be discussing the 25-year floodplain in some detail later, including all zoning classifications and all kinds of structures; so Mr. Wall and Mr. Shapley may want to listen to that discussion.

Mr. Wall stated what happened in Broward County should be taken into consideration as it can happen any place. Chairman Carlson stated the reality is if there is a big enough storm, everyone is going to be under water. Mr. Wall advised he has a canoe and high boots, and living where he does, he accepts a certain amount of water.

There being no further comments, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve moving the ordinance amending Chapter 62, "Land Development Regulations", to amend the ARR zoning classification to the second public hearing on November 1, 2002, as amended to modify language on page one to read, "at or below the 25-year floodplain." Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VII, DIVISION 5,
SECTION 62-3000, STANDARDS FOR OPEN SPACE SUBDIVISIONS

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 62, Article VII, Division 5, Section 62-3000, Standards for Open Space Subdivisions.

Mary Sphar stated at the first reading of the ordinance, she suggested two changes; she discussed those last Friday with Planner Alan Woolwich, who indicated he agreed with insuring wetlands preservation in open space subdivisions, but did not see the advantage to the second suggestion; and will not pursue the second suggestion, which was intended to clarify the requirements. She stated her suggested language for the wetlands would be inserted in Section C.2, Primary Open Space, and would read, "all naturally occurring wetlands within the subdivision site shall be preserved." She stated that has always been the intent of the ordinance; and correspondence from staff to the Sierra Club this summer has convinced her that it is necessary to speak out so wetlands will be preserved. She stated a verbatim transcript of the first reading of the ordinance on August 21 clearly indicates that the Board directed staff to incorporate all the suggestions of the Natural Resources Management Office as well as the suggestions from the citizens; and urged the Board to include her wetlands preservation suggestion, which the Board approved at the first reading.

Commissioner Scarborough inquired where would the language be added; with Planning and Zoning Director Mel Scott responding on page 4, Section C.2, at the end of the sentence the following language would be added, "all naturally occurring wetlands within the subdivision site shall be preserved"; and staff supports that change.

Commissioner O'Brien inquired if there is not already a Wetland Ordinance in place that would address that; with Mr. Scott stating this takes it one step further; there are opportunities for someone to mitigate wetlands; but if someone is going to use the open space subdivision ordinance, he/she shall preserve the wetlands.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VII, Division 5, and Section 62-3000 Standards for Open Space Subdivisions, Site Planning Procedures, Management and Maintenance Of Open Space; providing for conflicting provisions; providing for severability; providing for area encompassed, providing an effective date; providing for the adoption of fees; and providing for inclusion in the Code of Ordinances of Brevard County, Florida.

Commissioner O'Brien stated there is an Ordinance that says no net loss of wetlands; the object of the proposed ordinance is to allow clustering so other parts of the land are preserved; and pointed out problems that may not allow someone to build at all. Mr. Scott stated the proposed ordinance has more stringent guidelines; if the applicant has a property that is so wet that he/she is not able to capitalize on the incentives in the ordinance, then he/she would use more typical land development regulations, which are in place, and would allow him/her to mitigate. He stated the proposed ordinance gives an applicant benefit if the site is such that he/she is able to capitalize on the benefits; and one of the requirements is that wetlands must be preserved and mitigation is not an opportunity.

County Manager Tom Jenkins advised the open space ordinance is an option for a developer; it is written to be an incentive to encourage preservation of open space; and if the amount of wetlands exceeds the amount required to remain in open space, that would discourage a developer to use the open space ordinance. Mr. Scott stated the open space ordinance also requires upland open space, which has been determined to be a benefit; however, if a property is so wet that the developer cannot design around it, then he could mitigate under the current regulations at one unit per five acres. Mr. Scott stated the developer has to make a decision what is going to provide the greatest yield; and sometimes the property is so wet that the yield is cast in stone because of the nature of the property.

Commissioner O'Brien stated the County is trying to get the developer to serve the higher land; but at the same time, if there are any wetlands, he/she cannot build, which would be a disincentive. Commissioner Higgs stated in that case, the developer would choose another mechanism under which to develop. Commissioner O'Brien stated the idea of the ordinance is to give an incentive to developers. Mr. Scott outlined a scenario where someone has 50 acres, 45 of which are wetlands, and must decide whether to develop using the cookie cutter approach or using the open space ordinance, which would only produce one additional unit. He stated there is an ordinance in place that says wetlands have a value if someone is going to convert the wetlands into residential properties; if there are uplands on the property, the open space ordinance is something new that would allow the developer to reduce lot sizes below that which the zoning classification mandates; and that may give some opportunity for improved yield, but in return the County would be getting some upland. He stated wetland preservation is already on the books; the open space ordinance gives additional yield for preserving wetlands; and it gives something that the current LDR's do not deliver, which is upland preservation. Commissioner O'Brien stated he is not in agreement that the sentence has to be inserted in the ordinance; in some ways it is defeating the ordinance and removing the incentive to build; he does not want wetlands to be destroyed; but at the same time no net loss is already on the books, so if they mitigate, they can use some of the wetlands. Mr. Jenkins stated when there are wetlands, there can only be one unit per five acres, so that is an indirect preservation. Mr. Scott stated on page 6, Evaluation Criteria, staff views that the recommendation brought forward by Mary Sphar simply clarifies how the ordinance has already been designed to work, so it is not a change.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-2117, STORAGE OF
TRAILERS, BOATS, RV'S, AND CARGO TRAILERS

Chairman Carlson called for the public hearing to consider an ordinance amending Section 62-2117, Storage of Trailers, Boats, RV's, and Cargo Trailers.

Jerry Wall stated Brevard County is a diversified county; it is not possible to use the cookie cutter approach that every place and every person is the same; and there are areas of the County where storage and cargo trailers are used for hauling of feed, hay, etc. as a normal part of life. He requested, however the Board constructs the ordinance, that it include some provision for those who need to use the trailers to allow them to have them on their properties without being penalized.

Zoning Official Rick Enos stated the ordinance contains a new paragraph 7 on page 7 that allows cargo trailers to be stored on residential property, if used for non-commercial purposes and parked in a structure or otherwise hidden.

Commissioner Scarborough inquired about other changes; with Mr. Enos responding much of the ordinance is clean-up stuff, bringing definitions up to date and that sort of thing; but the meat of the ordinance is on page 5, under Current Regulations, which allows individuals to store two RV's, boats, or other types of recreational vehicles or equipment without their being hidden. He stated under this proposal, staff is suggesting that there can be an unlimited number of those if they can be stored in a garage or other completely enclosed structure; and the idea is if it cannot be seen, it does not matter how many an individual has. He stated under paragraph B, an individual can store up to one per quarter-acre of lot size, in a side or rear yard, if it can be completely visually screened; and under paragraph C, one can be allowed on the lot, if it can be seen, either in a driveway or side yard. He noted sometimes boats or RV's are too tall for a fence; and this would still allow storage of one if it is seen; and other changes are on page 7, including those dealing with cargo trailers.

Chairman Carlson inquired if a person had a landscaping business and a trailer for that business, could that be his one recreational vehicle that could be outside the home that would not be shielded. Mr. Enos responded the cargo trailer could not qualify under 2C; and it would have to fall under A or B, either in a garage or side or rear yard, completely visually screened. Chairman Carlson stated it says on page 7, such trailers shall be regulated as if they are recreational vehicles or equipment; with Mr. Enos advising pursuant to 62-2117, except B.2.c.

Commissioner Scarborough stated there are now two Canaveral Grove Homeowners Associations; Mr. Wall is with the West Canaveral Grove group; and Ann Coburn is with the older group. He stated Ms. Coburn is having surgery today and could not be present, but has reviewed the ordinance, and supports its passage. He stated he was concerned about whether moving to handle the needs of the large parcels would impact the smaller parcels; but with the added language, some of those concerns have been lessened.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Section 62-1102 by deleting certain definitions and moving them to Section 62-2117; amending Section 62-2117 to revise provisions relating to the parking, locating, and storing of recreational vehicles, recreational equipment, commercial vehicles, heavy equipment, cargo trailers, utility trailers, and open flatbed trailers; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1102,
62-1344, 62-1481, AND 62-1837.1, LEARNING CENTERS

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-1102, 62-1334, 62-1481, and 62-1837.1, Learning Centers.

Commissioner Scarborough inquired if the concerns have been remedied. Planner Ryan Rusnak stated the only major concerns were the maximum number of students that would be permitted; but they have not gotten to a cap of students. He noted this would apply only to maximum number of students in the residential professional zoning classification; and right now it is a formula based on lot size. Commissioner Scarborough stated RP exists in residential. Mr. Rusnak stated the formula that was generated was based on average daily trips that would be anticipated with the learning center; the formula was compared to other permitted uses within residential professional, such as office building and medical centers; and the numbers do work.

Commissioner Higgs stated this cannot be a school or day care; it has certain characteristics; and it cannot be expanded to be applied to other uses that are not learning centers.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to approve moving the ordinance amending Chapter 62, Sections 62-1102, 62-1334, 62-1481, and 62-1837.1, Learning Centers, to the second public hearing on November 1, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING SIXTH SMALL SCALE PLAN
AMENDMENT OF 2001

Chairman Carlson called for the public hearing to consider an ordinance adopting Sixth Small Scale Plan Amendment of 2001.

Commissioner Higgs stated the property is in District 3; she met with the applicant yesterday; and inquired if staff got a letter. Planner Todd Corwin stated he did not get a letter but did receive a phone call. Commissioner Higgs stated there were certain things that needed to be understood prior to the Board voting on this in terms of what could be done; and they agreed to a 30-day tabling of this item. Mr. Corwin stated a time frame was not stated, but a willingness to work with staff on more site specific planning elements was expressed.

Motion by Commissioner Higgs, second by Commissioner Scarborough, to continue the public hearing to consider an ordinance adopting the Sixth Small Scale Plan Amendment of 2001 to November 1, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING COMPREHENSIVE PLAN
AMENDMENTS 2001-A FOR SUBMITTAL TO DEPARTMENT OF COMMUNITY
AFFAIRS

Chairman Carlson called for the public hearing to consider an ordinance adopting Comprehensive Plan Amendments 2001-A for submittal to Department of Community Affairs.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt an Ordinance amending Article III, Chapter 62 of the Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 2001-A; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled the Future Land Use Element; specifically amending Section 62-501, Part XVI (E), entitled The Future Land Use Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS BY
GEORGE AND BARBARA OGLE

Chairman Carlson called for the public hearing to consider request for determination of vested rights by George and Barbara Ogle.

Planning and Zoning Director Mel Scott stated this vested rights request is seeking to utilize Provision 4 in the Vested Rights Ordinance, which states that existing single-family residences utilized as permanent residence and established prior to the Comprehensive Plan, even if inconsistent with the Zoning Code, may be considered for vested rights. He stated the Ogles' property satisfies that criteria; and that leaves the three-prong test . He stated the property was subdivided in 1965 inconsistent with the AU zoning at the time; it was substandard to the size requirement as it was only one-half acre and needed to be two and one half-acres; in 1967 a home was built on the half-acre; and in looking at the act of reliance, although staff was not able to confirm the house received a building permit as those records have been destroyed, it is the applicants' representation that the house was legally built and did receive building permits in 1967. He stated ten years later the Ogles purchased the subject property, which included a larger piece of property to the east of 6.3 acres; in August 2001 the Ogles requested a zoning action to SR on the substandard lot to make it consistent with the Zoning Code; and some objections were raised that the zoning request would introduce the smaller SR zoning classification into an area which it is predominantly AU. He stated the vested rights, if granted, would not bring a new zoning classification into the area; it would simply recognize the smaller lot through the vested right; and that is the essence of the request. He stated they are claiming that a building permit was received in 1967, and that they are unable to sell the property with just the house until the conflict is remedied.

Commissioner O'Brien stated the Ogles have been present at many meetings; and the problem is slightly complex. He stated if the Board allows the vested right, it does not bring in the compatibility question of introducing SR to the area; the request meets the criteria for vested rights; and he does not think there will be a parade later for rezonings to SR.

Motion by Commissioner O'Brien, second by Commissioner Colon, to approve request for vested rights determination for George and Barbara Ogle concerning single-family residence located on a substandard lot zoned AU, pursuant to Section 62-507, Land Development Regulations. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: EXECUTIVE SESSION

Chairman Carlson stated the Board will recess for an executive session; and will reconvene at 1:00 p.m.

The meeting recessed at 11:30 a.m. and reconvened at 1:14 p.m.

STAFF REPORT AND LETTER OF OBJECTION, RE: PROPOSED PLAN AMENDMENT BY
CITY OF SATELLITE BEACH

Bruce Cooper, Planning Director for City of Satellite Beach, stated Mayor Bolin was present earlier but had to leave; there is a staff report outlining the additional information the City would like the Board to consider; the City believes it is still in compliance with its Comprehensive Plan with the proposed amendment as presented; but it has provided additional information outlining the additional purchase of 16.7 acres along the oceanfront to offset the additional densities in consideration that the County is not viewing the City's plan in compliance. He stated the City is cognizant of limiting densities on the barrier island, and has attempted to preserve as much land as possible by continuing to purchase lands on the oceanfront. He stated all agencies have responded to the Department of Community Affairs regarding this amendment; only the County has indicated an objection; and the ORC Report will be released on October 18, 2001. He noted as of last week, Susan Poplin with DCA, indicated it would recommend approval; and inquired what the County will do if the DCA finds it to be in compliance.

Planning and Zoning Director Mel Scott stated the Board originally objected to an amendment, which, as part of its justification, was proposing to add units to the south housing area of Patrick Air Force Base, and in doing so, some right-sizing had been undertaken by the City; and advised of right-sizing of a large stretch of beach from 15 units to 11 units per acres and Lansing Island from four units per acre to one unit per acre. He stated the Board saw that there is a still a net increase proposed; and as a result, the Board was not compelled by the right-sizing fact of the amendment, and felt there were additional units being proposed for the south housing area. He stated Mr. Cooper has brought before the Board some additional justifying statistics; the City has purchased property on the beach, a 7-acre tract, an 8-acre tract, and a 1.7-acre tract, which remove units from the beachfront; and the City is stating it would like to transfer those units, which were designated for the beachfront, to the south housing area. He stated the Board is philosophically being asked to identify whether or not that is adequate justification for adding the units to the south housing area; and removing those densities through public purchase is the essence of the issue now.

Mr. Cooper stated staff is indicating a concern over existing development versus vacant land; the current development of the properties that are being discussed does exceed the 11 units per acre by approximately 157 units; so it is not true that existing development is at the 11 units. He stated that is what is currently zoned; but the Future Land Use Map is at 15 units per acre; and that is what they are requesting through DCA to reduce to 11. He stated the City, through its Comprehensive Planning Advisory Board, will be reviewing the remaining portion of the City to do the same thing to reduce densities to coincide with existing development; and encouraged the Board's consideration of the matter.

Chairman Carlson inquired if it was the intent of the City to reduce density when it purchased some of the properties along the beach, and then put density back on the map. She stated she thought the City was trying to reduce density over all because of the evacuation implications; but now the City seems to be saying it has done that, and now is going to apply it to another area, which seems contradictory to what she thought the City wanted to do for its community.

Mr. Cooper stated he is not trying to present that philosophy; the City did not anticipate this; if it had known the south housing was going to be an issue, it might have considered it, but that is not the case. He stated the City is just asking the County to put this into consideration; and it did not purchase those lands to offset densities, but has been very proactive in pursuing purchase of the lands. He stated he understands the philosophy of the County as it stands now; but at this point the DCA is going to find the amendment to be in compliance based on the City's Comprehensive Plan; and the City plans to look at changing it to coincide with the County in the immediate future.

Commissioner Higgs stated the County has sent a letter to DCA, and any motion would be to withdraw the letter; and inquired if that is correct.

Chairman Carlson inquired if anyone wants to withdraw the letter.

Commissioner Scarborough stated the City is trying to talk to the Board and explain some things; and he would not want to remain silent after the discussion.

Chairman Carlson stated her concern is the City's philosophy all along has been to reduce density; it has shown that significantly by buying some of the higher density pieces on the beach; and to come back and put density back on the map may not be the true philosophy. She stated she wishes Mayor Bolin was still present so she could discuss this with him; DCA will probably say the amendment is fine, but will take the County's considerations under account; and her view is the County's perspective should stand.

Mr. Cooper inquired what the County's position will be, because it has been indicated that the County may file an appeal. Mr. Scott stated that would be a question for the Board once it is known whether or not DCA has found it to be in compliance; and there is a defined amount of time for the Board to consider whether or not to challenge through the 120 hearing. Chairman Carlson inquired if there is potential for the County's comments to stay on the books as far as its perspective of how this relates to its Comprehensive Plan; and stated she is not necessarily interested in objecting in a 120-hearing scenario. She stated she would like to see what DCA says; if they have justification, that is fine; and that is as much consideration as the Board can give at this point.

Commissioner Colon commended the Satellite Beach City Council for what it has done regarding the beaches; and stated she hopes other communities take that kind of approach. She noted the Board's position is awkward; but she would like the Council to know the Board appreciates what it is doing at the beach.

Mr. Cooper stated he appreciates Commissioner Colon's comments; and the City will continue to be a good partner.

Chairman Carlson stated the County has supported many of the initiatives of Satellite Beach; having the community come out the way it has for some of the issues with the beach properties has been wonderful; and she wishes more communities would do that; and she does not think the current issue reflects poorly on the relationship of the County and the City; but the County needs to stand by its comments.

AGREEMENTS WITH CENTRAL BREVARD HUMANE SOCIETY, RE: CENTRAL AND
SOUTH BREVARD ANIMAL SHELTERING SERVICES

Elaine McClung stated she realizes Mr. Jackson and Mr. Lusk have worked extremely hard on the new strengthened contract, and she appreciates that; however, she still has reservations since there has not been compliance with the contract since 1992. She stated she would like to see the Board pursue accountability; Mr. Jackson has been working on a curriculum for rescue groups; classes should be starting shortly; and she is looking forward to it. She requested the disposition form include another column for "rescue groups contacted" as a failsafe so they will know that the animal had every possible opportunity. She stated BCC placed a moratorium on taking animals from the Central Brevard Humane Society; she commends them for that but there is an issue of trust that cannot be corrected at this point; and she would like to see the moratorium remain. She stated if students would like to go to the shelters, there is no problem with that; but there is a problem with animals leaving the shelter to go to BCC.

Larry Beckham submitted information to the Board, but not to the Clerk, which documented some of the events of the last week concerning his dog. He advised last Tuesday morning when he left for work, his dog was healthy; the dog happened to get out and was picked up by Animal Enforcement; he received a report this morning from Dr. Eden; and expressed concern about the way the Humane Society and Animal Enforcement operate. He stated there is no accountability; when he picked up his dog on Thursday afternoon, she was almost dead, having been in a kennel for three days; and no one had apparently picked her up to notice her underside was starting to rot. He stated the dog had been injured; he does not know when the injury occurred; and it is hard to point the finger because Animal Enforcement says the animal was healthy when they dropped it off, but they also dropped it off to an outside kennel, which he had checked at 3:30 a.m. and 5:30 a.m. He stated his concern with the Humane Society is not that his dog passed away, but that there is no process to even make sure the animals are given a chance. He stated he went to the Humane Society looking for his animal no less than six times; and he was never taken to the room where the kennel manager moved his dog, where she was dying a slow death. He stated when he picked his dog up, he asked what happened to her; the person escorting him did not know anything was wrong, and only thought the dog was old; but the dog was about to die. He stated he was held up for 20 minutes to pay $60 before he could get his dog to the veterinarian for medical treatment that should have been started on Tuesday. He stated he was under the impression that if a dog was injured, it would be transported directly to a veterinarian instead of to the Humane Society; but that did not happen. He stated according to the investigation report, when someone handed his dog to Animal Enforcement at the Sarno Road facility, the dog had blood on her, but she was still taken to the Humane Society. He commented on the paperwork he submitted; advised there is also a CD-ROM with pictures that are clearer; and urged the Board to look at the material before taking action. He stated his dog was 15 years old; and advised of his attachment to her. He stated when she got to the veterinarian, she only lasted one hour; and urged the Board to take that into consideration.

Commissioner Colon expressed sympathy to Mr. Beckman; and stated the Board will look into this and get to the bottom of it.

Chairman Carlson inquired when a dog is found to be injured, does it go directly to a veterinarian or is there one on call. Staff responded they use the Emergency Veterinary Clinic after hours; during regular business hours, they contact the Humane Society, which coordinates to take the animal to a local veterinarian; and if the animal is deemed to have minor injuries that are not life threatening, the animal may be transported to the Humane Society, which would document the minor injuries. He stated in this particular instance, the two officers saw no major injuries and transported the animal; they do not log animals into the outside kennel, but take the animals inside, where they are logged in; and if an animal is observed being severely injured or having a broken bone or something like that, they take them immediately to the emergency clinic. Chairman Carlson inquired what happened when Mr. Beckham's animal was picked up; with staff responding the dog was brought to the Sarno office by a couple and given to an officer; and another officer transported the dog. Chairman Carlson requested staff provide a report on exactly what transpired with Mr. Beckham's dog; with staff responding the report is 80% complete.

Mr. Beckham stated he has the report that Craig Engelson sent to Dr. Eden; it clearly recognizes that there was blood on the back of the leg; and he understands the investigation is over. Chairman Carlson stated the Board wants to get the details.

Chairman Carlson inquired if the Board wants to go over the contract in detail. Commissioner Colon requested the Humane Society be given an opportunity to comment on what happened to Mr. Beckham's dog. Elena Pernas-Giz, Shelter Manager at the Central Brevard Humane Society South Branch, stated she spoke with Mr. Beckham Saturday and yesterday about the sequence of events, and has been cooperating with Animal Services on the report; and she is present to respond to questions. Chairman Carlson stated Commissioner Colon wanted Ms. Pernas-Giz's impression of the incident. Ms. Pernas-Giz stated Mr. Beckham's dog was logged in Tuesday evening after the shelter was closed; in the morning the kennel manager observed it was an older dog with some hair loss, and was in the kennel with a T-shirt; and in order to make the dog more comfortable, she moved it to the vet room into a smaller cage with a blanket, food, and water. She noted this happened on her day off, so she did not personally see the dog; but according to staff, it appeared to be an old dog with no signs of major injury, which did not whimper or anything like that when moved. She stated when Mr. Beckham first came to find his dog on Wednesday morning, the staff member in the office who helped him neglected to see that a Shih Tzu had been logged in, and when she took him around the kennel to look for his dog, she did not take him to the vet room. She stated later a staff member saw the dog, realized it was a match, and notified Mr. Beckham, who came to get the dog on Thursday. She stated he immediately asked what was the matter with the dog as it was not behaving normally; staff believed it was just an older dog; and when he went to the front to check out, the person who checked them out did not understand the situation or realize he was going straight to the vet, and just processed it as a regular return to owner.

Commissioner Colon inquired if no one at the shelter noticed there was no movement of the dog; with Ms. Pernas-Giz responding staff viewed the dog; she was alert and looking around; they did not see her walking around; but it is not uncommon for an older dog to not be very active. Commissioner Colon inquired when the shelter receives an animal, is it normal procedure to look at the animal completely to make sure of its status, and is there a checklist for the condition of the animal. Ms. Pernas-Giz responded staff observes the animals, but there is not a form to fill out; it was assumed the dog was okay because there was no notation of injury on the log card; but they have instituted a formal check-off type of sheet. She stated if an animal comes in at night, it is checked in the morning; and if Animal Services comes in during the day, it is done then. Commissioner Colon stated the individual would have to have proper training to know what is an appropriate condition of an animal; and it is very unfortunate that something like this had to happen to have something in place. She stated she would have thought there would have been something in place so when an animal comes into the shelter, the condition would be tracked because the shelter would be accountable; and that should be done to protect the shelter. Ms. Pernas-Giz stated that is why this is before the Shelter Board; the Shelter Board President said he can help put that in place and provide whatever training is needed; the workers are all pet owners; and their sympathy goes out to Mr. Beckham.

Chairman Carlson stated the Board has gone through the contract; potentially there are two items that people have brought up to add to the disposition form; one is to contact the pet rescue and the other is the health disposition of the animal when it comes in; and inquired if either has been considered. Animal Services and Enforcement Director Randy Jackson responded they could be added; the Humane Society is now working on a computer program and system to help electronically keep up with dispositions; and it would be no problem to add those things.

Commissioner Scarborough stated with computers, there is capability to keep all kinds of records; if there was a digital camera, people could see animals that have been logged in; and that could happen quite simply. He stated he has a problem proceeding with a contract until he knows the tracking methodology is in place.

Motion by Commissioner Scarborough, to table consideration of the agreements with the Central Brevard Humane Society for the Central and South Brevard animal sheltering services until there is additional information on tracking.

Commissioner Higgs stated her concern would be the condition of the operation now; and inquired if an extension of the existing contract would be needed to continue to have the operation until the Board gets the assurances in the proposed contract.

Motion by Commissioner Scarborough, to direct that the contact be continued until tracking is incorporated.

Commissioner Scarborough stated there needs to be a clear understanding that this will be part of the contract; there are people on staff who know how to use computers; everybody in the community should be able to track the pets in the shelters by going to a web page; and the Board does not want any more lost pets because they were sitting in a cage and someone forgot to tell people about them.

Commissioner Higgs stated it would be more efficient in terms of recovery of pets, if that was available; it could be on the County web page; and inquired if the Board could get that information in 30 days, so it could move for the current contract to be extended 30 days to allow that to be worked out. Mr. Jackson stated staff can come up with a plan for the computer system; he does not know if it could be done that quickly; and advised of software being ordered by Dr. Eden. Commissioner Scarborough stated the Board is not concerned about having the system in place, but having it clearly contractually set out what the system is going to do and how it is going to do it; and it is not necessary to have the system running in 30 days.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to extend the current Contract with the Central Brevard Humane Society for 30 days, with direction that if the information on the specifics of the tracking system is done sooner, then the Board could consider it. Motion carried and ordered unanimously.

Chairman Carlson inquired what date would that be or will it come back as soon as possible. County Manager Tom Jenkins stated it will have to be the 30th of October because the next meeting is November 20, 2001. Commissioner Higgs stated the Board extended the Contract date. Chairman Carlson inquired if the item needs to be tabled; with Commissioner Higgs responding no, it will come back, but the existing Contract will continue 30 days from now. Mr. Jackson stated the Contract expired September 30, 2001; and the amount of next year's contract has not changed, so it should not be a monumental thing to extend it. Commissioner Higgs stated the intention of the Board is to extend the Contract 30 days from October 1, 2001.

Chairman Carlson stated there was a letter from Brevard Community College from Janice Grumbles advising BCC has put a moratorium on accepting animals from the Central Brevard Humane Society; and requested permission to write a letter of appreciation to Ms. Grumbles and BCC President Tom Gamble.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Chairman to write a letter of appreciation to Janice Grumbles and Tom Gamble of BCC. Motion carried and ordered unanimously.

Commissioner Higgs inquired if Mr. Jenkins needs further authorization to work with the shelters on the web site link; with Mr. Jenkins responding no.

*Commissioner Colon's absence was noted at this time.

FLAG LOT CREATION, RE: SAVANNAH OAKS

Commissioner Scarborough stated Mr. Moia advised what the Board requested has been taken care of; and inquired if individual Commissioners have concerns since the lots were done without any zoning or land development approval. Commissioner Higgs inquired if Commissioner Scarborough still has concerns; with Commissioner Scarborough responding his questions have been answered satisfactorily.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve creation of eight flag lots and twelve additional lots along Alcazar Avenue in Savannah Oaks, which were surveyed and deeded to various owners by the developer without zoning or land development approval. Motion carried and ordered unanimously.

Commissioner O'Brien inquired how can this be prevented from happening again. County Attorney Scott Knox responded an ordinance amendment would be needed.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Attorney to bring back option on how to prevent this from happening again. Motion carried and ordered unanimously.

Commissioner Scarborough stated when he was briefed by staff, Ed Washburn, who used to be a city manager advised this would never happen in a city because of the way they are structured, so what Commissioner O'Brien is asking for is not impossible, but is just a matter of implementing what others do in the County.

*Commissioner Colon's presence was noted at this time.

APPROVAL OF USE OF LOT 19, RE: ACCESS FOR PROPOSED CLAIRE'S COVE
TOWNHOME PROJECT

Discussion ensued about procedure and time limits.

Attorney Leonard Spielvogel, representing the applicant, stated his clients would like to build a 40-unit townhouse project on a 4.1-acre parcel located north of Hurwood Avenue in Merritt Island; and pointed out the site on the map. He stated the proposed project is Claire's Cove Subdivision; there is an easement to access the property on Minna Lane out to North Courtenay Parkway; they own Lot 19, which fronts on Hurwood Avenue; and they would like permission to put in a paved road on that lot in order to reach Hurwood Avenue. He stated they have to front a dedicated road; the easement would not qualify; and so they need the access to Hurwood Avenue. He stated the property is currently zoned RU-2-15, which would allow approximately 60 units; and they propose a 40-unit townhouse, and would be willing to stipulate to that number as a ceiling. He stated early on his client appreciated the fact that this would be placing additional traffic on Hurwood Avenue, which is presently a dead-end street; they employed the services of Rhonda Pieper-Schmitz of Motorist Design to do a traffic analysis; she is present today to answer questions; and he will submit a copy of the report to the Chairman. He stated Ms. Pieper-Schmitz found that the additional peak hour trips resulting from the project would be four on Hurwood Avenue and 19 on Minna Lane; they recognize that one additional trip to some people is one trip to many; and so, they wanted to meet with the people on Hurwood Avenue. He stated Project Engineer Rob Lee sent out approximately 30 letters to the homeowners on Hurwood, and they met on September 25, 2001; and it was a good meeting with good exchanges, and lasted over two hours. He stated they asked the homeowners to tell them what they can do for them, recognizing this was without prejudice in that they are not trying to buy the support of the homeowners; the homeowners gave a number of suggestions to improve the situation without committing to support the request; and the items are as follows, 1. a turn arrow on Courtenay Parkway leading into Hurwood Avenue because there have been a lot of accidents at this intersection, approximately ten a year.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to extend the speakers time by three minutes. Motion carried and ordered unanimously.

Mr. Spielvogel stated the residents have tried to get a turn lane on Courtenay Parkway, but have been unsuccessful; but with the help of their traffic consultant and the fact that there would be additional traffic on Hurwood Avenue, they believe they would be successful; and putting in the traffic mechanism would be at their expense. He stated the second item was to construct sidewalks on Hurwood Avenue; they have agreed to construct sidewalks on both sides of Hurwood Avenue at their expense; and that would be done at the same time sidewalks are being put into the project. He stated the third item was construction of a sound barrier; there was concern from the owner of the adjacent lot about noise from cars; and they have agreed to construct a sound barrier on the east side of the connecting road in order to insulate the property owner. He stated the fourth item would be to use their best efforts to persuade the Board to allow installation of speed bumps on Hurwood Avenue and on the connecting road; and the developer would pay for that installation. He noted he will provide a copy of the Binding Development Plan. He stated there are nice trees on Lot 19, and they will avoid as many of them as possible, even building the road to avoid a big oak tree. He stated the streets in the project are private; it will be a gated community at both Minna Lane and the connecting road; and there would be fencing around the entire perimeter. He stated the price range would be from $100,000 too $125,000 and up; and all of the items are in the Binding Development Plan. He advised there will also not be any construction trucks going through Hurwood Avenue; they will all go through Minna Lane; and in addition to Mr. Lee and Ms. Pieper-Schmitz, the Project Architect and the owner are also present to respond to questions. He stated he took a picture of North Courtenay Parkway showing the traffic; he had to wait through three lights in order to make a left turn into Hurwood Avenue; and advised the traffic at 4:00 p.m. is heavy coming from the Cape.

James White stated he has resided on Hurwood Avenue for 35 years; he has built seven or eight houses on the street; and Mr. Spielvogel failed to mention several items. He stated if the County allows them to go through Lot 19 and make it a road, it would come onto Hurwood Avenue, which is a substandard paved street, 20 feet wide, while the standard road width is 22 feet in the County; and in order to put the road through on Lot 19, they would have to have the 15-foot easement, which the County would have to vacate. He submitted pictures of the property in question; and commented on the traffic problem that will be created by allowing them to use Lot 19 as a road. He stated that is the last lot on Hurwood for residential building; children use the street for play; and Mr. Spielvogel mentioned that the residents agreed to allow him to put sidewalks down; but he failed to mentioned that there is also the need for curb and gutters; and what would be needed to widen the street to 22 feet would be curb and gutters and then sidewalks. He stated there is a 50-foot right-of-way for Hurwood Avenue; 20 feet of it is paved, leaving 15 feet on each side for easement; and requested the Board look at the pictures. He stated the plan the Board has been given has been drawn recently; he saw a different site plan when he visited the Land Development Department; and commented on overgrowth, habitat of animals, and lack of an environmental report.

Robert Schuck stated he is a property owner on Hurwood Avenue; at the meeting with Mr. Spielvogel they asked for certain things; and if those things are done, he would be in favor of granting permission for the street. He stated Mr. White brought up some interesting questions about the road; and inquired if it is not a legal width road can sidewalks be put in and would other modifications need to be made. He requested to give the remainder of his time to Mr. Spielvogel to respond.

Chairman Carlson stated Board policy is not to allow giving of time from one speaker to another. Mr. Schuck stated the people still need to know the answers; with Chairman Carlson responding Mr. Spielvogel will have an opportunity to speak at the end.

Commissioner O'Brien inquired what things did Mr. Spielvogel say that put Mr. Schuck in favor of the project; with Mr. Schuck responding construct sidewalks on both sides of Hurwood Avenue, install speed bumps on Hurwood Avenue, modification of the traffic signal at Hurwood Avenue and Courtenay Parkway intersection, make Claire's Cove a gated community, install a wall or barrier between Hibiscus Park and Claire's Cove, and landscape and beautify Lot 19 facing the access road as far west as possible on the lot. Mr. Schuck stated if those things come about, he favors it, and if not, he does not.

Leon Cowling stated he has worked with County Manager Tom Jenkins in the past, and he is wonderful to work with. He stated he has respect for his neighbors who might oppose this item; he represents Cowling Enterprises, which is a family business that owns Hurwood Plaza; and described the age and location of the business and other properties owned on Hurwood Avenue. He stated all the things that are being requested are legally possible and will happen; and he has no objections as he likes the idea of sidewalks on Hurwood Avenue. He stated Cowling Enterprises took over Hurwood Plaza in June of 1995; he and his son have been in a three-year fight with DOT; and the problem on North Courtenay, besides the turn signal, is that traffic speeds. He stated once a week in the radius of his building there is a two to five-car rear ending because one person stopped in front, and the ones behind were overdriving; DOT took a count; he had a petition with 500 signatures who believe the intersection to be dangerous; and they need the political clout of the Board. He stated the developer has said and put in the covenant that he will pay for it; he has correspondence from DOT saying something may be done if there is a crash, which he believes means a crash where someone is killed; and described a recent crash involving an elderly lady whose car was hit broadside. He stated if someone is killed, he will have to help take care of it when DOT in letters previously has said the intersection is unsafe; and he hopes he can count on the Board when the time comes to exert its political influence.

Diana Howard, resident of Lot 18 on Hurwood Avenue, stated she is representing a majority of the residents of Hibiscus Park, who strongly object to Lot 19 being turned into a road to connect Hurwood Avenue to Claire's Cove. She stated Hurwood Avenue is a dead-end road; it is a quiet community; and additional traffic brought in by the connection is a major concern to the residents. She advised letters of objection were faxed to the Commission offices; and submitted additional letters to the Chairman, but not the Clerk, as well as a petition signed by at least 50% of the residents on Hurwood Avenue. She stated they were given a very short period of time to gather information and consider what Mr. Spielvogel has offered; the public meeting was last week; and the residents have not had enough time to discuss the options. She expressed concern about how close the road being put through on Lot 19 would be to her house, and about traffic noise. She stated the road is extremely narrow for a constant flow of two-way traffic; and there is no guarantee that DOT will agree to the traffic light. She stated Lot 19 is zoned RU-1, which is for residential use; and inquired if the applicant is anticipating rezoning to put the road through or vacating the road. She stated she just purchased her house 30 days ago, and is upset about this development, which will connect Hibiscus Park to a high crime neighborhood with low-income housing. She requested the Board not allow the developer to put in the road; and inquired why the second access is necessary.

Commissioner Colon stated the Binding Development Plan was just submitted to the Board; she has underlined things that have been mentioned; and gave a copy to Ms. Howard. She stated the community needs to meet again with the developer.

Catherine Fordyce stated she has nothing to add to the opposition except for the issues of flooding and loss of habitat; and commented on not wanting additional traffic.

Commissioner Colon stated Mr. Spielvogel is welcome to speak, but regardless of what he has to say, the parties need to get together again; this is the first time they have seen the Binding Development Plan; and out of respect for the citizens who will be affected by it, they need to sit down and have some discussion.

Chairman Carlson stated there is no request to have the applicant speak; Mr. Spielvogel mentioned needing a dedicated road to create the entrance to the development versus an easement, which is Minna Lane; and inquired if there can be a vacation of the easement, then have it dedicated and paved. Land Development Director Bruce Moia advised the Code requires that for a multi-family development, it has to front a dedicated public right-of-way to get access; and this parcel only has that road frontage to a public road on Hurwood Avenue. He stated they also have an easement, which they cannot use as their legal access, that comes through the original first phase of this development, which has access onto Minna Lane; this was one large property, which has been divided into two because they sold off the second phase that now only has frontage on Hurwood Avenue and does not have frontage on Minna Lane any more; so in order to get approval, they would have to have frontage, which is why they are requesting to go through Lot 19. Chairman Carlson inquired what could be developed off of the easement on Minna Lane; with Mr. Moia responding if they could obtain a waiver to get access through Minna Lane, they could do that. Commissioner Higgs inquired if they could get a waiver for the multi-family access; with Mr. Moia responding they would have to get a waiver to use that easement for access for a development of this nature. Commissioner Higgs inquired if they could develop a single-family home subdivision off of the existing easement; with Mr. Moia responding they could develop single-family homes to get access through that easement; and access by easement is established only for single-family and duplex type residential structures.

Commissioner Scarborough stated he has a profound problem in any case where people are buying into an area and a lot becomes something other than a lot; and suggested putting oneself in the position of buying into a subdivision with vacant lots, assuming that defines the nature of the area, and then one of the lots ceases to be a lot and connects to a whole new area. He stated this is a profound change; and the only way he could vote for this would be if 100% of the residents were in favor of it because they have a right to expect anything of this nature to remain as they saw it when they bought in the area.

Commissioner Higgs stated there was a similar situation that caused the Board to create the Ordinance that required that it could not be changed; she strongly agrees that the Board should not change the nature of a neighborhood with a lot; and she cannot imagine a scenario in which she would support this.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to deny request for modification of the recorded subdivision plat to allow use of Lot 19 as access for the proposed Claire's Cove Townhome Project.

Commissioner O'Brien stated he tends to agree; the reason Hurwood Avenue became such a controversial point is to come off Minna Lane onto Courtenay Parkway, people have to cross over lanes through a barrier; and there are many accidents there as there is no light. He stated he agrees this is turning into a big change for the complexion of the neighborhood; Minna Lane is not the answer; and it would be irresponsible to put more road trips there to Courtenay Parkway and then have people try to speed across the lanes because that will lead to accidents. He stated if they came out of Hurwood Avenue, then at least there would be a light there that would control the left-hand turn.

Chairman Carlson called for a vote on the motion to deny. Motion carried and ordered unanimously.

DISCUSSION, RE: FLOODPLAIN MANAGEMENT

Assistant County Manager Peggy Busacca stated staff was directed to put together some floodplain management options for the Board, and to provide direction as to the Ordinances the Board may wish to amend during the time of the temporary moratorium in the 25-year floodplain. She stated the report includes recommendations for onsite sewage disposal requirements; and the Florida Statutes do not permit counties to adopt more stringent standards on onsite sewage disposal systems. She stated the recommendations include additional elevations of the bottom of the drainfield as well as additional buffering requirements around the systems; and there are recommendations for potable wells, including elevating wellheads and electrical connections and pumps above the 100-year flood elevation so that in the event of an inundation, wells would not be contaminated by surface waters. Ms. Busacca stated there is also a recommendation for lot filling that would require up to one-half acre filled to provide a contiguous area for the primary structure perimeter onsite sewage disposal buffer, accessory structures, and access to the primary structure; and that would be elevated above the 100-year flood elevation. She noted currently lots that were created prior to September 1988 are not required to provide compensatory storage; and this recommendation would extend compensatory storage to those lots; and a Comprehensive Plan amendment would be required, but staff feels this is a worthwhile trade-off because of the large number of lots that were treated in the floodplain prior to 1988. He stated the report proposes structural design, which would require that the lowest finished floor of all habitable structures would be 12 inches above the 100-year base flood elevation; and other structural requirements include accessory structures would be moved out of the floodplain.

Commissioner O'Brien inquired about moving accessory structures out of the floodplain; with Ms. Busacca advising they would be required to be elevated. Ms. Busacca stated they were considering a barn because there had been some concerns previously about animals that were left standing in flood waters; and it would be those types of things within the one-half acre filled area. She stated in addition staff is recommending that the lowest grade of road be at or above the 100-year base elevation; and this would extend the life of roads. She stated staff also recommended that significant improvements to improve or correct existing flooding problems within the 100-year floodplain should be considered as projects to be financed through MSBU's, that mobile homes should be prohibited at or below the 100-year flood elevation of the St. Johns River, that a permitting change should be made during approval of a subdivision to require additional information from FEMA, and that there be an appeals provisions put together in the event the regulations are put in place so people would have an opportunity to present different factors that have not been contemplated at this time.

Commissioner Scarborough stated this gets involved with the 10-year, 25-year, and 100-year floodplains; although the Board has spoken of the 25-year floodplain with the moratorium, which would include the 10-year floodplain, there needs to be discussion about when the 100-year floodplain is a criteria independently and when is the 100-year floodplain a criteria that only kicks in if someone is in the 25-year floodplain. He stated the 100-year elevation is used for the road sub-base; and that is being driven by an engineering factor with maintaining the roads. Construction Management and Design Director John Denninghoff stated with development of a subdivision or home on an existing lot fronting on an existing road, the house and drainage are controlled by the roadway; the higher the road is raised, the higher the house has to be raised to function; but the higher the road, the better it wears over time. Commissioner Scarborough stated going to the 100-year flood elevation is an engineering factor to maintain the road's capacity. Mr. Denninghoff stated it also reduces the likelihood that cars will have to drive through water to access their residences.

Franck Kaiser, representing the Homebuilders and Contractors Association of Brevard, stated staff has done an excellent job on the recommendations and preparations of the report; but there are some areas of concern. He stated there are indications the costs may be offset by reductions in flood-related losses, which is obvious, and lower insurance premiums; that is unlikely unless it is just talking about flood insurance premiums; and it is not a justification. He stated the more serious concern is property value impact; the amount of fill is addressed primarily in the onsite sewage disposal section of the proposal; and that is the only area where they have some conflict. He stated right now there is a five-foot requirement for fill around a drainfield; what is being proposed is at least 75, 50, or 25 feet on each side; and by the time it is spread at the same level, then it goes to a two to one ratio. He stated there are a lot of one-acre lots; they are 120 feet wide; this will not work because it is excessive; and recommended the Board look at the width of the requirements. He stated the regulations are saying the slab has to be 12 inches above the road; the road has to be at least at the 100-year floodplain level; any place there is onsite sewage with a gravity fed drainfield, this is going to require putting the house or half-acre of fill at least five and a half feet above the road; and requested the Board try to picture that. He stated this will required hundreds of trucks loads of fill for a half-acre; and commented on the cost of such fill being prohibitive and the impact to property values. He stated the Board needs to look at how much the recommendations are going to cost; the main concern is onsite sewage disposal requirements; and while the other things are quite strict, he understands the reasons for them and they make sense. He stated in terms of appeals, it indicates the Board may wish to consider limiting the ability to lots of less than one-half acre; and recommended that be changed to one acre.

Commissioner Colon stated Mr. Kaiser brought up some good points; and there are a lot of things to be tweaked. She advised in January the State is supposed to be coming down with a more stringent Building Code, which is scaring the industry; and recommended Mr. Kaiser let the Board know if there is anything the County can do to help. Mr. Kaiser advised of a letter written to Governor Bush recommending that in special session there be a rollback of the effective date for a minimum of six months to a year, because the provisions will add a minimum of $3,600 to $4,000 to an $85,000 house; and stated in the face of all the economic turmoil, that is going to have a huge impact on construction, and will put thousands of people out of work. He stated there will be hundreds of fewer homes being built, not just in the County, but throughout the State; and this is a serious concern. He stated the Association does not have a problem with the Code, but it has an economic impact, and this is not good timing for that; and it would be nice if the Board would adopt a resolution or send something to the Governor requesting something be brought to the Legislature to roll the date back. Commissioner Colon stated the Board will get more information and decide if it wants to go forward.

Commissioner Scarborough stated he would like the Board to discuss the 10, 25, and 100-year floodplains and how they begin to relate back and forth; and that would give it a different perspective. Chairman Carlson requested the Board go through that in terms of the phased program type of thing, in the same sense Commissioner Scarborough is talking about in terms of what things could be most beneficial now moving toward those things that might be more difficult to implement down the road. Ms. Busacca stated the report considers the 100-year base flood elevation as the minimum standard; and the elevations as they go vertically are tied to that, regardless of what floodplain something is in. She stated in the onsite sewage disposal recommendation, the standard is the same throughout the floodplains for the elevation suggestion at 24 inches above the 100-year base flood elevation; but technically there is an opportunity for that to be reduced to 18 to 12 inches to get very close to the same treatment capacity and reduce the amount of fill by a foot. She stated the difference in the floodplains in the onsite sewage disposal recommendation has to do with the buffer; and the 75-foot buffer that is being recommended is in the mean annual floodplain, which is anticipated to flood approximately every two years. Mr. Denninghoff stated the figure is once ever 2.33 years. Ms. Busacca stated above the mean annual floodplain but below the 25-year floodplain elevation, the onsite sewage disposal buffer is recommended to be 50 feet; and above the 25-year floodplain elevation and within the 100-year floodplain elevation, the buffer is recommended to be 25 feet. She stated the reason for the buffer is because as the areas are inundated, the closer the flood waters get to the septic tank, the more likelihood there would be for lateral leaching; and so the desire is to get them farther away so the septic tanks will continue to operate normally in a flood. She noted the recommendation includes alternatives such as the performance-based system, which provides advanced secondary treatment; and the Board can choose to reduce the elevation by up to a foot over that which is recommended, and take any amount of the buffers and either institute them in only certain floodplains or reduce them. She stated in the case of the potable wells, the recommendation is the same for all floodplains because of the concern about floodwaters getting in to contaminate the well; and the intent is that people should be able to function normally during a flooding event. She commented on Deer Run, where the homes and roads were not inundated, but people could not function normally because the septic tanks were not functioning, their access was under water, or their horses were standing in water. She stated staff has recommended lots be filled within the 100-year flood elevation; but the Board could choose to say it would prefer that the lot filling be required only within the 25-year floodplain, which would reduce the number of lots impacted by the requirement. She stated in the case of the structural design, the finished floor elevation of 12 inches above the 100-year base flood elevation is the most important recommendation; staff recommends it be done throughout the County because there could be up to a 5% decrease in flood insurance rates throughout the unincorporated area if this freeboard requirement were put in; and if the Board desires to have a phased approach, staff would recommend this be the first and primary consideration.

Regional Stormwater Utility Director Ron Jones advised at the time the Board approved the Deer Run Subdivision, it mandated the roads be elevated; there were still a lot of concerns because people could not get back and forth; and access is a primary issue there. He stated if roads are ten inches under water, there are problems with ingress and egress for emergency vehicles and those types of things; and if the base of the road becomes inundated, the road base will fail quicker and will not take as much of a traffic load over as long a period of time. Mr. Denninghoff advised it is possible to destroy a road with one pass of a heavy vehicle depending on what the base is made of and what the elevation of the water is.

Commissioner Scarborough stated the Board is talking about a multitude of things; the Board does not want roads to be destroyed; as to the septic issue, he hears a lot about Deer Run, but there was bad flooding in the Scottsmoor area where septic tanks were not operating and there was flow of sewage, which becomes a health issue; and the Board does not want to say not to take care of a problem. He stated the main concern is islands are still being created; and there may be access to the islands, but that is going to continue; and when wildlife gets flooded out of their habitat, there will be all kinds of activity from the wildlife and vermin that are not typical.

Commissioner Colon stated she still has a lot of questions; the Board needs to give a lot more feedback; this is just the process; and the Board is probably going to be seeing this issue at every meeting as there are a lot of parts to this issue.

Commissioner Higgs stated if the Board takes staff's recommendation that the most crucial thing is building 12 inches above the 100-year flood elevation, it can start there and determine if there is a consensus to move forward to ask for the development of an ordinance; and recommended breaking it down to determine if it is ready to ask staff to do that. Commissioner Scarborough stated he does not have a problem with anything given; and as the Board proceeds further, Mr. Kaiser and the Association will have something to work from, which may be easier. Commissioner Higgs inquired if Commissioner Scarborough is ready to ask staff to develop the ordinances; with Commissioner Scarborough responding yes. Commissioner Scarborough stated to break it apart may create some problems because if the Board does not see it as a whole, it may become more of a problem to discuss it with the community if everything is not put on the table. Chairman Carlson inquired if Commissioner Scarborough is talking about bringing back separate ordinances at the same time; with Commissioner Scarborough responding the Board would see them all together. Commissioner Higgs inquired how many will be developed. Commissioner Scarborough stated when the Board enacted the moratorium, it told the people it would move as expeditiously as possible to get this on the table and discuss it; and he knows it involves a lot of ordinances, but if the Board takes it as a whole, it may run smoother in the long run. Commissioner Higgs inquired if the Board moves to direct staff to develop the ordinances, is there a desire to view them first at a workshop; with Commissioner Scarborough responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct staff to draft appropriate ordinances pertaining to floodplain management, and schedule a workshop to discuss the proposed ordinances.

Commissioner Higgs recommended the workshop be scheduled at the earliest possible date when staff is ready; and in order to have the workshop the ordinances just need to have the language that is to be implemented as opposed to having all the little intricacies.

Chairman Carlson stated staff will move forward with putting the ordinances together, setting up the workshop, and then communicate with anyone on the outside to solidify any questions for discussion at the workshop; and inquired when staff might be prepared to have the workshop; with Mr. Jenkins responding staff needs to assess this to see how long it will take, but it will expedite it.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Scarborough stated Commissioner O'Brien mentioned having something in the public record; and inquired if this would be an appropriate time to discuss that.

Commissioner O'Brien stated anyone buying a house or property in a floodplain should have it in his or her title or through some other mechanism to make it plain and clear that the property is in the floodplain; when people go to buy a property, they are not educated about land use laws; and a couple may buy a half-acre to build their dream house without knowing it is in the floodplain.

Commissioner Higgs suggested that be included in the previous motion for discussion at the workshop.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to provide options for notification of buyers that property they are purchasing is in the floodplain and what that means. Motion carried and ordered unanimously.

The meeting recessed at 2:56 p.m. and reconvened at 3:16 p.m.

DISCUSSION, RE: REZONING AND SCHOOL CAPACITY

Assistant County Manager Peggy Busacca stated on September 6, 2001, the Board directed staff to develop options relating to school capacity and rezoning; and staff has identified two issues, which include review thresholds and capacity determination. She stated in review thresholds, staff has identified that it is possible that all residential rezoning requests for which additional density is being requested could be reviewed; the second option is to exclude one or two unit requests; the third is to establish diminimous threshold, such as review only those which have 20 units or more; and the fourth option is to discuss cumulative impacts. She stated Orange County utilizes option 1, which is to review all rezonings in which additional residential homes are requested; and in the September 27, 2001 memorandum, Ed Curry advises the School Board staff recommends the Board consider option 3, which is to establish a simple methodology utilizing 20 or more students, which is tied to the number of additional students that can be housed in a relocatable. She stated the second issue is capacity determination, which is how the Board will determine what capacity it will utilize in the review; the first option, which was preferred by Mr. Curry, is permanent school capacity not including relocatable classrooms; the second option would be total school capacity including relocatable classrooms; and the third would be programmed capacity, which would be those schools which are programmed within the School Board's Improvement Plan, but have not yet been constructed. She advised this item is included in the October 9 meeting between the School Board and Board of County Commissioners; so although the intent was for the item to be discussed before the October 4, 2001 zoning meeting, it is also included on the October 9, 2001 agenda.

Chairman Carlson requested staff elaborate on option 3. Planning and Zoning Director Mel Scott responded he views Mr. Curry's comments with regard to capacity determination as simply identifying how options 1 and 3 could work; under option 1 Mr. Curry talks about permanent school capacity that could be used to assess the impact of new residential development; Mr. Curry suggests that if option 3 were to be used, the County might rely on the educational plant survey that is done every five years; and he does not read a specific recommendation for capacity determination. Chairman Carlson inquired if Mr. Curry's statement concerning option 3 is based on the percentage multiplier, and what was the basis other than the size of a portable. Ms. Busacca stated Mr. Curry's memo says it is related to the number of students that can be put into a relocatable; the School Board is very accurate in its estimation of total students in the system; and explained it is done by looking at the number of three year olds that are in the population currently, their survival rate, and the number of children that ultimately become kindergartners from those three year olds. Chairman Carlson inquired about the multiplier, explanation for bringing the zoning and capacity issues together, and number from elementary, middle, and high schools. Ms. Busacca stated Mr. Curry explained when the cohort survival methodology is used and is subdivided by the number of homes, it results is approximately three-tenths of a child per home as an average; it is not determined if that child is an elementary, middle, or high school age child; so there is not a direct multiplier.

Commissioner Scarborough stated yesterday his office called the different area offices to try to find out the number of students not attending their assigned schools; and commented on the anomaly created by students going to schools to which they are not assigned through freedom of choice. He stated if the Board does not tie some of the methodology into an agreement with the School Board, it may not be responsive to the movement; and advised there are schools that are overcapacity that have a great number of people who have opted to attend there. He stated schools are being graded; when that happens a strong principal begins to attract a strong faculty, and then better students are drawn to that school through freedom of choice; teachers from weaker schools often migrate to the stronger school; and weaker schools do not have the ability to draw stronger teachers, so there is a self-fulfilling prophecy. He stated he has a problem with building schools dependent on whether there is a strong or weak program; the Board really needs to know who is moving out of district as part of the formula; he does not have a problem dealing with it because if the Board does not deal with this anomaly, there may be hundreds of students in theoretically overcrowded schools that have just chosen to go there; and the Board may run into some problems. He stated instead of solving the problem, in a couple of years the Board is going to find it really did not answer anything; and it is good that the Board is meeting with the School Board. He stated he has not had a chance to go through the information; but the overcrowding issue needs to be correlated to the freedom of choice issue.

Chairman Carlson stated she has a hard time understanding whether freedom of choice adds or detracts from the whole scenario. Commissioner Scarborough reiterated students are moving to the good schools, and those are overcrowded. Commissioner Higgs stated the numbers will show that; with Commissioner Scarborough inquiring where. Commissioner Higgs stated Indialantic and Gemini both have ten to twelve portables; but they are only moving eight or nine people, so while it may contribute, it is not causing the problem. Commissioner Scarborough noted at some schools he looked at where there was overcrowding, there were several hundreds students who moved in based on freedom of choice. Chairman Carlson noted it is up to the school principals whether they choose the numbers at their schools. Commissioner Scarborough stated the more variables that are added, the more difficult it becomes to deal with the problem; this is an added variable; and apparently the principals are allowed to make some choices. Commissioner Higgs stated Melbourne High School is well over 2,000 students, but not that many are moving in, so that is not what is creating the problem. Commissioner Scarborough stated he has not put together a report yet, but there are some places in District 1 where there are almost 200 freedom of choice students in an theoretically overcrowded school. Commissioner Colon stated there are good schools in the community; but what scares parents is the student/teacher ratio; and that contributes to parents moving students. Chairman Carlson stated there are some issues that the Board has no control over; the principal of the school is the one who identifies the size of his or her classrooms because there is no set standard; and a lot of that drives people to enroll their students somewhere else with smaller classes, better programs, etc. She stated some parents understand how things work; but there are some who will allow their children to go to the local school; and there are a lot of interesting aspects to the whole choice and the principal-based management of schools. Commissioner Colon advised of the frustration in not being able to do anything until the students actually come in August on the first day of school; and stated that is not acceptable, but the State is almost holding them hostage. She commented on the partnership between local government and the School Board, and letting the School Board know ahead of time what is coming.

Chairman Carlson inquired if the Board wants to choose some options so there will be some platform when it meets with the School Board.

Commissioner Higgs stated the Board has to have a platform when it does a rezoning to know what the threshold is; Mr. Curry suggested option 3; Orange County went with option 1; and inquired what was the procedure used by Orange County in looking at every rezoning, what kind of feedback did it get from the Orange County School Board, and is the Board getting similar feedback from the School Board. Mr. Scott stated the Board is receiving the essence of the information that Orange County is receiving; Orange County staff submits all requests that are asking for an increase in density; and if it receives information that there is an overcrowded situation that would be exacerbated, the Chairman has directed that they forward a recommendation of denial to the Board. He noted that has happened; initial denials have forced some of the development community to withhold bigger requests pending the outcome of some court cases; but the waters have been tested on one or two houses, and the Orange County Board chose to deny them.

Chairman Carlson stated she does not know how this is going to work out through the court systems with Orange County; and inquired if the Board received an item where the zoning was over density, could it place the zoning requested with a condition that says until capacity becomes available, they cannot do anything unless they want to do something else with their zoning to reduce densities. County Attorney Scott Knox stated in that case the Board steps into the netherworld of concurrency; there are two legal standards, consistency, which governs rezoning decisions and concurrency, which deals with issues of building and other kinds of permits that are lower on the scale than rezoning; and once a condition is attached that something cannot be done until a certain threshold is met, in violation of the Comprehensive plan, it goes from consistency into concurrency. Commissioner Carlson stated other zonings in a particular area might not have had that condition attached to them; and inquired if that issue is consistency. Mr. Knox advised consistency is what the Comprehensive Plan policies say; if there is a policy that says 940 units is the size you can go and there are 1,140 student stations in a school that is serving that particular subdivision, then there is an issue that is inconsistent with the Comprehensive Plan.

Commissioner O'Brien stated he agrees with option 3; to do nothing is worse; and if the Board starts with option 3, which is the programmed capacity and in the future it is not working up to expectations, it can revise it.

Commissioner Higgs stated the way Orange County has pursued this is the way the Board should go; whether overcrowding is created by approving a rezoning of 100 units or 100 individual rezonings, it still creates the same problem; and in fairness the threshold should be one, as the cumulative effect is what the Board is trying to address.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve option 1, all residential rezoning requests one unit and above.

Commissioner O'Brien stated he cannot support that; the Board treads on pretty thin ice sometimes; and Mr. Knox is trying to tell the Board the same thing in terms of looking at concurrency. Commissioner Higgs stated that is not what Mr. Knox said; and he said concurrency is a separate issue. Mr. Knox stated the options the Board is considering do not get into the issue of concurrency; what is being discussed is the consistency issue; the Comprehensive Plan says that threshold; the Board has to look at zoning against that threshold; and the fact that the Board may want to look at a rezoning that allows one unit change does not make any difference.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough and O'Brien voted nay.

Chairman Carlson stated under capacity determination, the School Board recommendation is for option 1.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve option 1 on capacity determination, permanent school capacity not including relocatable classrooms.

Commissioner Scarborough suggested adding the caveat, "to the extent that a school has people who moved in out of area through freedom of choice, those numbers should not be used in calculating capacity." Commissioner Higgs stated she understands Commissioner Scarborough's concern; she has been looking at some of the schools in District 3; it may be an unfair statement to say that does not occur; and she is willing to look at that issue. Commissioner Scarborough stated he has not done a complete analysis; commented on Mims Elementary being overcrowded by 122 students; and advised to create a building moratorium in an area with a popular school does not make sense. Chairman Carlson stated she agrees with that type of anomaly; but suggested posing those questions at the meeting with the School Board. Commissioner Scarborough stated the Board can easily take care of it today.

Discussion ensued on the charts showing school populations, overcrowding, and out-of-area students.

Chairman Carlson requested Ms. Busacca give her interpretation of the charts for out-of-area assignments; stated on the last page it says totals for Apollo Elementary; and inquired if the figures reflect students coming into Apollo or leaving Apollo to go to other schools. Ms. Busacca stated Apollo Elementary is the school that students from out-of-area are going to. Commissioner Scarborough stated it is possible to tell the areas the students are moving from; and commented on loss of students at Coquina Elementary. Mr. Jenkins noted the pages also reflect new and renewal. Commissioner Scarborough stated there is a movement that is substantial; and movers should not be counted because they can easily be eliminated by the School Board not allowing them to go out-of-area. Chairman Carlson stated the Board needs to look at those schools; and she does not have a sheet showing her which schools are overcrowded and which are not to compare with those with a lot of out-of-area students. Commissioner Scarborough stated there are schools that are overcrowded and schools that are overcrowded that have students electing to attend them; and he has not done all the numbers, but those numbers should not be included in the Board's calculation. Commissioner Higgs requested the Board get information on all the numbers so it can make a determination once it sorts out what everything means; and stated each capacity report should also include the figures for young people moving in, of, and out of the district.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve option 1 for capacity determination, permanent capacity, and to include in the report, for the Board's information, children moving in, of, and out of particular schools.

Chairman Carlson stated she does not have a problem with the motion; but the School Board allows individual schools to make decisions; and if there is an overcrowding issue and choice is involved, it has to go back to the School Board for some sort of decision. Mr. Knox stated what the Board is trying to decide is how to handle rezonings in the context of the Comprehensive Plan policies; there are specific policies in existence now; and those are the ones the Board must base its decisions on; but if the Board wants to get more sophisticated in how it looks at school rezoning issues to encompass some of the things Commissioner Scarborough was talking about, it will need to change the policies to incorporate those types of things and mesh the review in a better way with what the School Board actually does. He noted the policies do not really tie into what the School Board is doing; but until the policies are changed to reflect that kind of thing, the Board must look at the existing policies in determining rezoning decisions. Chairman Carlson stated all the Comprehensive Plan has is a number for elementary schools, a number for junior highs, and a number for senior highs; and that is the policy the Board has to base decisions on unless it is willing to change the Comprehensive Plan. Mr. Knox advised there are also the general standards of adequacy and availability. Mr. Jenkins inquired if the Board could insert language in number 2 to provide the flexibility to consider the count of freedom of choice students in reaching that determination; with Mr. Knox responding it is not in the Comprehensive Plan, and the Plan would have to be amended to do it.

Commissioner Scarborough stated the Board needs to do that because something is needed that makes sense. Commissioner Higgs recommended getting the information, standing by the Comprehensive Plan now, and seeing what the information is. Chairman Carlson stated it does not hurt at this point to go with permanent school capacity; then at the joint meeting, the School Board may shed light on how the numbers are calculated.

Commissioner Scarborough stated if someone has enough economic interest and wants to challenge, and the reason for the overcrowding is not building, but freedom of choice, the County is going to appear to be way off base; this area is young in the courts; and the Board needs to make sure it knows what it is talking about and understands what the School Board is doing with the students moving from school to school. He stated it is easy to do something; but once the County is beaten by the court, it is going to be harder for it later.

Chairman Carlson stated the Board needs to stand by the Comprehensive Plan because its legal position will be stronger from that perspective; and that is the only place to go as far as what the Board has seen Orange County doing.

Commissioner Scarborough stated Orange County's problem is much more severe than Brevard County's; and the County has a number of schools that are not overcrowded that are sending students to schools that are overcrowded; and the question is whether it is a building problem or making parents happy by allowing them to elect the school of their choice for their children, and whether the County is willing to suffer degradation of the quality of education through overcrowding to allow that freedom of choice. He stated if that is an educational policy, the Board is going to have difficulty making sense with the building issue.

Commissioner Colon stated there are legitimate points, but the issue is quite complex; there are some schools that are allowing freedom of choice because they are already overcrowded; and this is so serious that the City of Palm Bay notified Dr. DiPatri that it was going to be doing a presentation of charter schools. She stated certain municipalities are looking at the quality of education because of the School Board's inability to do anything until the students get to the school; and municipalities are looking into charter schools because the growth of the community demands that they do something. She stated this is not just a County issue; the municipalities are looking at this to try to find options for the children; and commented on overcrowded conditions in schools, County and municipalities contributing to the problem of school capacity by not working closely with the schools, need to have things in order, and developing a good case.

Chairman Carlson inquired if Orange County has freedom of choice for schools; with Ms. Busacca responding she does not know, but will find out. Chairman Carlson requested data interpreting the document the Board was given on school capacity.

Chairman Carlson stated there is a motion on the floor. Commissioner Scarborough inquired if that includes the thought about freedom of choice. Commissioner Higgs recommended standing by the Comprehensive Plan numbers relating to permanent capacity, and then seeing where the other numbers go; and stated it is meaningful information, but at this time the Board should stand by the Plan numbers.

Commissioner Scarborough inquired if there is anything the Board can do to go further with this; with Mr. Knox responding the Board would have to amend the Comprehensive Plan. Mr. Knox stated the Board has the Comprehensive Plan policies; and he does not see where the zoning decisions could be based on anything but what is in those policies at this point. Commissioner Scarborough stated it is a matter of definition; and when someone says the number of students in an area is a certain number, the Comprehensive Plan does not say what was done to reach that number. Mr. Knox advised the Plan says 940 students.

Discussion ensued on number of students for permanent capacity, accuracy of the numbers, decision on who is going to be in a school not being a Board decision, and zoning decisions based on overcrowding.

Commissioner Scarborough stated if he added up the students in a school district, students leaving or coming in would be ignored; unless there is a causal relationship between the number of units and the number of students, he would have a problem voting for the motion because there are too many wild cards; and if further overcrowding is created by the freedom of choice issue, it does not help the issue. Commissioner Colon stated the Board could amend the Comprehensive Plan.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner Scarborough voted nay.

Commissioner Colon requested the statistics be provided; with Chairman Carlson requesting they be provided prior to the joint meeting with the School Board.

Discussion ensued on the joint meeting agenda, redistricting, and reports on Charter amendments.

Commissioner Colon stated she was going to add something to the agenda, but the plate is full. Mr. Jenkins stated the meeting will only be two and one-half hours.

SPEED HUMP REQUEST, RE: CROWN STREET

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve installation of a speed hump on Crown Street in Port St. John. Motion carried and ordered unanimously.

APPROVAL TO ACCESS UP TO $250,000 FROM TDC DISASTER FUND, RE:
EMERGENCY ADVERTISING

Roger Dobson, Chairman of the TDC, stated he was here in February and March, 2001 giving a favorable report on tourism in the County; at that time it was up approximately 15%; but today he is present under very different circumstances since the tragedy of September 11. He stated the tourism industry is in crisis; the Board is aware of that; business has been lost that will never be restored; September revenue is down 25% from the prior year; and in the fourth quarter they are anticipating to be down 25%. He stated hotels employ approximately 4,000 to 5,000 people in the County, and 35,000 residents are engaged in the tourism industry; and 10,000 have been laid off or have reduced work hours, so it is affecting the economy of the County. He stated tourism is one of the hardest hit sectors because of the events of September 11; the hoteliers have met with the TDC and requested use of the disaster funds for an advertising program; and the hoteliers are interested in the fourth quarter of 2001 and the first quarter of 2002. He stated it is necessary to restore confidence in tourism in the country as well as the County; the TDC, at its meeting last Wednesday, voted unanimously to request from the Board the use of the disaster funds in the amount of $250,000; $50,000 would be used for the fourth quarter of 2001; and the other $200,000 would be used for the first quarter of 2002. He stated the ad agency has spent many hours with TDC Director Rob Varley, who is in London at this time working on business; the agency has come up with a plan; and representatives of the agency are present to respond to questions on how the funds will be used. He advised the funds in the disaster fund were set aside from the Capital Facilities fund at $300,000; that has grown to $437,000; and they are not requesting use of all of those funds because they do not know what is in store in the near future. He stated the fund represents taxes collected by the TDC, which have been set aside for the use during an emergency or disaster; it is necessary to act now because of how vital tourism is to the County; the economy needs to be stimulated; the State is having budgetary problems; and he has read the counties will also be having budgetary problems. He stated the TDC has set a special meeting for October 12, 2001 to approve a plan, provided the Board grants approval for use of the funds; and the plan is being developed. He stated Orange County has set aside $6 million for emergency use for advertising; Miami Beach has set aside $2.5 million; and the State has set aside $1 million. He stated the hope is to piggyback onto some of those programs, which would be directed to a drive program, through use of billboards, radio, print, and cable TV; and requested the Board's vote of confidence in the use of the $250,000.

Commissioner Higgs stated 20% to 25% down would be the 1998 level, equating revenues on the tourist tax. Mr. Dobson stated it would be far below the 1998 level; but the survey was not filled out by many hoteliers. Commissioner Higgs stated if the estimate is $4.99 million and it was $4.11 million in 1998, then approximately 20% would be $800,000. Mr. Dobson noted there are a number of new rooms that have come on the books. Commissioner Higgs inquired how many new rooms; with Mr. Dobson responding since 1998, probably 600 to 700, so the occupancy levels would be much lower at the hotels than the budget comparison of the TDC from 1998 to 2001 would indicate. Commissioner Higgs stated it may be at the 1997 level; the last few years have seen 10% increases; and she intends to support the recommendation; but the Board needs to recognize that the level is more reflective of a few years back than a total collapse of the industry. She noted it is a tough impact, and she is not minimizing it; but the decline may be to the 1997 level. Mr. Dobson advised it is much lower than that.

County Manager Tom Jenkins stated it is possible to look at the problem from two perspectives, one being the collection of tourist tax and revenue associated with that, and the second is the volume of business and the vacancy rate; and when looking at volume of business, the new rooms are factored in. He stated in the last several years, collection of the tourist tax has been much more aggressive; some of the significant growth has been because more properties are actually collecting and paying the tourist tax than did previously; so there is improved accounting and improved collecting.

Commissioner Higgs stated Mr. Dobson mentioned the money is being used for print media, radio advertising and billboards; and requested a breakdown of proportional costs. Mr. Dobson stated it is not broken down at this point because the plan has not been completed, but it would be mainly the Orlando, Florida, and Georgia drive market.

Chip Eickmann, with 321 Media Group, stated they are still developing the specifics of the plan, which they started last Thursday; and the advertising will be directed primarily at the Orlando market as well as other primary source markets such as South Florida, and as far north as Atlanta because there is good drive penetration from those areas. He stated he cannot give the percentage for each media; but initially they plan to use print, and then will be reaching for outdoor, building up to radio and other media after that.

Commissioner Higgs stated the Board has been adamant in its opposition to billboards in Brevard County; and it is inconsistent to put a lot of money into billboards in communities like Orange County, which has aggressively been trying to take billboards down. She stated this is inconsistent with the Board's previous position; and when Chairman Carlson votes on the TDC plan, she hopes she will take that into consideration. Chairman Carlson stated the TDC does utilize billboards; with Mr. Dobson responding the TDC is not considering building new billboards; and some of the hoteliers are taking available boards right now because they are trying to get the drive market on I-95. Commissioner Higgs stated what the hoteliers do and what the TDC does are different issues. Chairman Carlson stated her position is the same as Commissioner Higgs', but the TDC has consistently utilized billboards, and will until they come down; and there has never been a Board decision to say the TDC should not use billboards.

Commissioner Scarborough stated he and Mr. Varley met with Bill Peepers of the Orlando Visitors Bureau; they do a tremendous amount of market study on a regular basis; and commented on the possibility of tapping into that. He stated he received an e-mail from the Director of Indian River Guides, who advised of the $3 billion sport fishing industry in Florida; and he cannot think of a safer place to be than fishing. He stated there are a lot of things the County can offer that are relaxing, peaceful, and family-oriented; the County can show the public that they can take a vacation and have a higher degree of peace and tranquility; and he is concerned about not just marketing as usual, but going after the person who wants to travel in a different fashion than he did previously. He stated Bill Peepers told him they spend $100 million, and Las Vegas spends $750 million annually in marketing; Brevard County just spends a fraction of that; and the Board needs to make sure this little bit is used wisely. Mr. Dobson stated he agrees; one of the things that was discussed at the TDC meeting was selling value; the County has eco-tourism, birding, fishing, and natural things that other counties do not have; and it is not necessary to go to the Everglades to see the alligators because they are approximately a mile from the Government Center.

Commissioner Colon stated $50,000 would be for the remainder of this year, and $200,000 for the next; $50,000 is not much money; and it will have to be spent wisely. She stated putting the money into billboards is a waste of money; Orange County is focusing on Georgia, Florida, and people within the area; and she hopes that is the same direction Brevard County will take. She commented on differences between Orange and Brevard Counties, things the County has to offer such as eco-tourism and the King Center, and not focusing just on Cocoa Beach and NASA. She reiterated $50,000 is not much money; and inquired if there are any ideas what might be done. Mr. Eickmann stated they plan to tie to Orlando and take advantage of some of the co-op efforts to present the overall Brevard message; and they plan to feature all the different areas of the community. He stated Brevard has the closest beach to Orlando; there are over 70 miles of beach; there is tremendous eco-tourism; there are great attractions such as Kennedy Space Center; and they will be featuring all of those in addition to the great hotel values. He advised of his association with Disney, Bill Peeper, and Orlando; and stated they will be taking their effort into their plans.

Chairman Carlson inquired if there is a potential for a partnership with Disney; with Mr. Eickmann responding Disney tends to be very independent, but they will approach them; because of the cruise line, Disney has a vested interest in Brevard County; and that is a way to reach out and extend a hand to work with them. Chairman Carlson stated the County's hand has always been extended; and recommended putting together a letter from the Chairman of the TDC to the Disney establishment to see if there is some way to move that effort along. Mr. Eickmann stated they will work with Mr. Dobson on that.

Commissioner Colon inquired if the industry is going to be able to have a meeting to have all the minds coming together so there will be input from everyone; and stated that would be very positive. Mr. Dobson stated there have been a couple of mailings to hotels; and they will ask them to come together before the October 12 meeting to provide input, because they hope to be able to approve something on October 12. Commissioner Colon stated it is not just the hotel industry, but restaurants, the zoo, etc.; and all the parties should come together. Mr. Dobson stated they will take that into consideration.

Chairman Carlson stated she does not know what will be coming back from Visit Florida at the State level as far as a strategic plan during the crisis; and inquired if there is a way to apply pressure from the State level. Mr. Dobson stated they are sharing information, but they appear to be moving slowly. Chairman Carlson inquired if there is anything from the State such as a letter of support for Disney to work with the County or work with the region as a whole. Mr. Dobson stated that can be approached. Chairman Carlson inquired about an opinion survey concerning attitudes of the American public regarding travel. Kalina Person, with the TDC Office, advised they have not heard back yet; but as soon as they get that information, they will pass it on. Chairman Carlson inquired if anything is happening at the federal level; with Ms. Person responding she will have to check with Mr. Varley. Chairman Carlson stated a lot of the big pollsters are from Washington; and she assumes they are out in force trying to determine the market.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve accessing up to $250,000 from the TDC Disaster Fund for emergency advertising to assist the local hotel industry, with the stipulation that there be no increase in the investment in billboards.

Commissioner O'Brien stated he cannot support the motion solely because the billboards are there, and to ignore one method of advertising would be inappropriate. He stated it would be like telling someone they can compete against you, but one hand will be tied behind their back, while your hands are free. He stated the Board may have a philosophy that it wants to have fewer billboards; but if billboards are already up, he would rather see a Brevard County advertisement on them than an Orange County advertisement.

Chairman Carlson stated she can agree to a point, but the motion was not to increase more billboard signage; the real issue is in the partnership; and that is what is going to dig the County out of the hole. She stated she does not think putting up additional billboard signage is going to help a lot; and philosophically that is where the Board needs to be going.

Commissioner Scarborough stated a billboard in Orlando may be too late; if someone has driven down, they would already have their hotel reservations; and advised of the advantages of partnering with Mr. Peeper. He stated people can come down in a day from the Washington, D.C. area or Atlanta area; and combined newspaper inserts may be a lot more effective than peppering the Orlando area because he does not know if a billboard fills up a room as well as targeted orchestrated advertising. He stated he likes it that the Board is not encouraging billboards; but the County would be wasting money on billboards because they do not sell a lot.

Commissioner O'Brien noted if it were not for billboards, Ron Jons would not have earned the name that is known worldwide; and Ron Jons has billboards in Georgia all the way down I-95 to Cocoa Beach.

Commissioner Scarborough stated a person who goes to a hotel makes his reservation before leaving home; and he needs to have a flyer or something to direct him to a web page so he can make a reservation. He stated if the County uses Mr. Peepers' information, it will know where those markets are, and will be able to piggyback on that information. He stated the County has so little money, he would hate to see it wasted on a billboard on International Drive. Commissioner O'Brien stated he does not think they are talking about billboards on International Drive; they are talking about billboards all up I-95 into Georgia and on some parts of I-4; and he knows people who get in their cars with no hotel reservation are looking for a billboard advertising a motel. Commissioner Scarborough advised he has never done that. Commissioner Higgs inquire if Chairman Carlson has ever taken a vacation of any substance based on a billboard; and stated she has not. Commissioner Scarborough stated he is an Internet person and makes prior reservations. Commissioner O'Brien noted the professionals are saying it is a good idea; and the Board should let them do what they want to do.

Mr. Dobson inquired if the motion's prohibition against billboards is for billboards in the County, billboards with the disaster funds, or billboards totally. Commissioner Higgs advised the motion was that none of the additional funds being requested today would be used for billboards.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner Colon requested the TDC keep the Board informed where the money goes. Chairman Carlson inquired if the disbursal of the dollars will be on a quarterly basis; with Mr. Dobson responding not necessarily. Mr. Dobson advised even though the $50,000 is targeted for the fourth quarter and $200,000 for the first quarter, some of it could be spent in placements at the end of the fourth quarter. Chairman Carlson inquired if Mr. Dobson will be giving the Board a summary of what has been done to achieve the goals to improve tourism; with Mr. Dobson responding affirmatively.

Commissioner Colon stated with this industry it would be necessary to make sure the biggest numbers would be in the winter; with Mr. Dobson advising 32% of the business is done in the first quarter, and if the first quarter is lost, some hotels will be lost.

Commissioner Scarborough stated when the Board looks at the total revenue numbers, it is looking at the big picture; but individually it is at a level where there could be loss of jobs or economic entities unless there are some good numbers in the period of January through March. Mr. Dobson stated this is not talking about distribution of profits to hotel owners, but about paying the bills, real estate taxes, mortgage payments, and survival.

Commissioner Colon stated at the meeting with the Governor, he said how unique the County is, how it is dependent on a lot of government contracts, and that doors are being opened because of that. She stated the EDC has said that orders are coming in from the government; and this is the perfect time to look for jobs in that field. She stated the Board was touching on a issue that was a little depressing, but it needs to look at the bigger picture because there are good things.

Chairman Carlson stated it is positive that there are additional contracts for the high-tech industry; but the service industry is suffering, and it will be difficult to absorb those jobs.

AGREEMENT WITH 321 MEDIA GROUP, RE: ADVERTISING SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Agreement with 321 Media Group for advertising services for two years with a one-year optional renewal; monthly professional retainer fee of $6,250 per month or $75,000 per year for FY 2001-02, retainer fees negotiable after FY 2001-02; total production and out-of-pocket expenses to be determined based on the media plan that will be developed by 321 Media Group and productions costs billed at net with no agency mark-up; all media to be billed at net with no standard 15% agency commission; TDC to pay agency hourly rates for creative concept, art direction and design, copywriting, and production supervision time; and agency to develop cooperative advertising and alliance marketing programs to generate additional exposure and additional revenue for the TDC without additional cost to the TDC. Motion carried and ordered unanimously.

ACCEPTANCE, RE: CASH FLOW AND INVESTMENT ANALYSIS REPORT

Assistant County Manager Stockton Whitten stated on April 3, 2001, the Board approved the Comprehensive Analysis And Evaluation of the County's investment and cash flow requirements and the investment portfolio by Public Financial Management, Inc. (PFM); PFM's review and evaluation of the portfolio and investment policy included the investment policy, the current investment approach, the cash flow analysis, portfolio risk, and analysis of performance benchmarks; and Steven Alexander, Senior Managing Consultant from PFM, is present to go over his recommendations.

Steven Alexander, Public Financial Management, Inc., stated after looking at the investment policy and portfolio of the County, and working with the staff of the Clerk's Office, they came up with a few recommendations centered around the current investment Statute. He stated the investment Statute was adopted in 1995 for local governments to have investment policies, and gives general guidelines for an investment policy, which lays the foundation for how investment portfolios are managed; and in October, 2000 changes were made to the Statute that needs to be reflected in the investment policy. He stated they have looked at the investment policy that is currently in place, as well as put together a cash flow analysis of those funds that are currently being invested; and the cash flow analysis is an important aspect because it puts in the foundation of what should be invested and how much. He stated the recommendations center around revising the current investment policy so it is consistent with the Florida Statutes; they will look at the policies and see how the procedures are going to be applied to satisfy the investment policy; and recommended updating the cash flow on a regular basis. He stated this is important so staff will have an understanding of the cash flow and better and more timely investments can be made; and cooperation is important between both organizations. He stated the other aspects of the recommendation center around reporting requirements; the Florida Statutes require that at least an annual investment report be presented to the Board; they are suggesting quarterly investment reports, which should include performance benchmarks; and that is what the draft investment policy outlines. He stated the Statute, as amended in October of 2000, requires that a benchmark be established within the investment policy; and the important aspects are benchmarking, quarterly and annual performance reports. He recommended an investment committee be established to review the investment policy as well as the performance on a regular basis.

Commissioner Colon stated number seven talks about brokers or dealers educating on the County's investment strategy; she does not feel anyone in the County is knowledgeable; and one of her concerns is going outside to get a firm to do investments. She inquired about examples throughout the State that are doing something like this. Mr. Alexander stated there are a number of government organizations throughout the country that have hired investment advisors to manage funds; and there are a number of organizations in the State that are being managed by an outside firm. Commissioner Colon inquired if there is a monopoly or a number of firms; with Mr. Alexander responding there are a large number of firms, including large banks, investment advisory houses, and very large brokerage houses. Commissioner Colon stated the investment committee should be put together to keep track of the investments. Mr. Alexander stated the investment committee, especially for larger organizations, is a common practice; and investment committees have different compositions, but the idea is nothing new or unusual. He stated there is usually some review process when managing this much money; there are many variables to managing money; and it does help to have additional oversight and review. Commissioner Colon inquired if it would be unusual to get feedback from constituents who are knowledgeable; with Mr. Alexander responding no, having outside individuals from the general public to provide input on a regular basis is not unusual.

Chairman Carlson inquired in what way would the current investment policy not comply with Florida Statutes. Mr. Alexander responded the current investment policy Statute states that all the investments that are being utilized have to be spelled out within the policy; and the use of adjustable rate mortgages and securities is not spelled out within the investment policy. He stated in the draft he is currently working on with the Clerk's Office, that will be spelled out. Chairman Carlson inquired what repercussions could come of that if the Board continued on that course; with Mr. Alexander responding with the revised investment Statute effective October 1, 2000, there are teeth in place, which provide that if the external auditor or the Auditor General's Office is looking through the investment policies and finds that there are noncompliance issues, that information can then be transferred to the Joint State Audit Committee, which has the right to contact the Department of Banking and Finance and the Department of Revenue; and potentially revenues could be withheld from the County until this situation is rectified. He stated there is a 45-day period for corrections to be made and there be no ramifications. Chairman Carlson stated to make those corrections in 45 days could mean a bit of cost to the County; with Mr. Alexander responding that would depend on how severe the situation is.

Commissioner Higgs stated the Government Financial Officers Association (GFOA) has a publication about getting outside help regarding investment advisors and the RFP process; and inquired if that has been used in Florida; with Mr. Alexander responding yes, the booklet written in 1997 by the GFOA provides guidance and ideas of what the RFP should look like. Commissioner Higgs inquired if the Board established an investment committee, and it used that booklet as a starting point for seeking an outside investment firm, would that be a good process; with Mr. Alexander responding yes. Commissioner Higgs stated at the meeting on September 11, 2001, the Board passed a couple of things; and one was to start revising the policies. Mr. Alexander stated the Board has already done that; and he has been working with Mark Peterson of Finance to revise the model draft. Commissioner Higgs stated two things were established at the September 11 meeting; and inquired what was the other thing. Mr. Whitten stated to have Mr. Alexander and his firm work with the Clerk's Office in revising the policy, and to do a task order to take care of the additional work.

Clerk of the Circuit and County Courts Scott Ellis stated this started off as a fairly simple agenda item from three weeks ago, which they were prepared to handle; but the tragedy struck and it was postponed for three weeks. He stated his concern is that in the three weeks since that happened, the same agenda item, which is unchanged, produced a very critical memo from the County, which he did not receive a copy of; he picked up a copy this morning; and the Board needs to address the memo. He stated he thought it was a fairly straightforward item three weeks ago, but evidently it is not. He stated the first item is that investment choices do not appear to be reflective of current market conditions; and inquired what are current market conditions, given the last three weeks. He noted the length of time staff has been working on this issue; and stated if there was a critique, it could have been given to him before the September 11, 2001 meeting.

Chairman Carlson noted the memo is dated September 28. Mr. Ellis stated the Board received the report on August 13; the original agenda item was September 11, and it would have made sense that this letter would have been done prior to the September 11 meeting; but evidently something changed between September 11 and October 2, that resulted in the critical report. He stated it would have been common courtesy, if a critical report was going to be done on an agency, to provide a copy to them; and if the memo was done on September 28, he could have received it on that date. Commissioner Scarborough inquired when did Mr. Ellis receive it; with Mr. Ellis responding he got it this morning. Commissioner Scarborough noted his was faxed to him on September 28. Mr. Ellis stated he, Commissioner Scarborough, and Commissioner Higgs were all here after the derivative fiasco that happened across the country; that initiated a conference with the Clerk about how the County invested; and the Board directed the Clerk to be conservative in the investments. He stated at that point the fear was more loss of principal than earnings; they did the prudent man principles; and he is not sure, from the memo, whether there is a wish to get more aggressive with investments. He stated one of the critiques is that the portfolio is overly conservative; that is a Board policy and decision; and there needs to be an understanding between the risk and the reward. He stated there is currently a term of falling interest rates; there is a critique that there is not enough liquidity; and inquired if that is correct. He stated originally the report was constructive criticism, which he had no problem with; they were working; and then the memo came out, which was written in a far from constructive manner.

Commissioner Higgs stated Mr. Whitten is the one who wrote the letter; it is not fair to ask Mr. Alexander to respond to it; and the Board is looking at the recommendations from Mr. Alexander's report in terms of where to go. Mr. Ellis stated that is where the Board was three weeks ago. Commissioner Higgs stated she does not know that anyone is in a different place; there are recommendations to establish an investment committee, move forward to have outside assistance, and have a new investment plan approved by the Board; and those are all positive directions coming from the report. She stated there is a report that points out some difficulties and perceived shortcomings; and recommended moving forward to make this work. Mr. Ellis stated to date there has not been any conflict; with Chairman Carlson inquiring what is the problem. Mr. Ellis inquired what is the point of a memo that shows up at the last minute before the second time around on the same agenda item, with not even the courtesy of providing him with a copy. Commissioner Colon stated from now on everything the Board has on this issue, the Clerk should also have; and the Board has an obligation to insure he receives a copy. She stated she knows staff has been rushing and trying to get things done; but she does not want the Clerk to have to come again and say he got something at the last minute. She commented on insuring the Clerk has copies of all materials, actions taken, and need for recommendations.

Chairman Carlson stated on September 11, the Board received the same agenda, and asked what was the basis of the findings for the recommendations; and that is how this was generated. Mr. Ellis inquired if it would not have been a courtesy to give him a copy also; with Chairman Carlson responding she is not arguing that point, and it will not happen again. Mr. Ellis stated he did not know if the Board had any further questions, and could not judge the Board's reaction to the memo other than being here to find out whether there are questions. Chairman Carlson stated it is fairly proactive. Mr. Ellis stated it is incumbent on him to be here; with Commissioner Higgs advising that is Mr. Ellis' choice, and the Board is happy he is present. Commissioner Higgs stated the report indicates the need to move forward on approximately eight different things, one of which the Board has already started on, and the rest can be directed today. Mr. Ellis stated this started off in a spirit of cooperation going back to the original agenda item months ago; his office has been very cooperative; but essentially a couple of employees ended up getting slammed at the last minute; and he considers the memo to be unprofessional.

Commissioner Colon apologized to Mr. Ellis; assured him this will not happen again; and stated she can understand why he is upset. Mr. Ellis stated it does not bother him because being in a political office, he is used to it; but employees should be given the courtesy of knowing what is going on and having a chance to respond.

Commissioner Higgs stated there is nothing personal in the findings; there are observations by a professional on what the Board should analyze in determining where to go; and there is no attack on anyone.

Mr. Ellis stated there are comments about lack of formal operating procedures, but they are in place; it says that liquidity is not high enough; when he was on the Board, the Clerk used to say if the Board could give better projections on cash flow, he could do a better job of investing; now PFM has analyzed the County's portfolio and said what the liquidity needs are; and that was something the Board could never give good numbers on. Commissioner Higgs stated it has never been possible between the Clerk's Office and the Board to get the liquidity or cash flow working correctly; and that needs to be fixed. She stated when she, Commissioner Scarborough, and Mr. Ellis were on the Board in 1994, things were suppose to happen, but they have not; and that needs to be fixed. Mr. Ellis agreed; but stated the way the memo is written, there was not much spirit of cooperation. He stated his office fully agrees to cooperate because the money belongs to the County and not to anyone individually. Commissioner Higgs stated the County needs to have the best return it can get in a safe manner, and needs to know exactly where the cash is and when it is needed; but it has never worked and needs to be fixed. Mr. Ellis stated it has not worked as good as it could have; with Commissioner Higgs advising it has not worked correctly. Chairman Carlson stated the Board will not debate that, but will go on.

Commissioner Scarborough stated the memo says the following is a summary of the findings and recommendations provided by the Board, and there are eight of them; and inquired if there is anything there that is other than what he would have found in the report, or is it stated in a different fashion. Mr. Ellis stated the report gives more information than what is in the findings. Commissioner Scarborough inquired if the summary is correct; with Mr. Ellis responding not all parts of the findings are correct. Commissioner Scarborough stated if the memo goes beyond the prior reports, the Clerk should have an opportunity to have the document long enough to respond; and inquired if there is anything in the recommendations other than the recommendations that were made on September 11; with Mr. Ellis responding no. Commissioner Scarborough inquired if the statement of findings gives concern because they have been stated in a different fashion; with Mr. Ellis responding yes, and since everyone was already in concurrence on September 11, he does not see the need for it to be stated in this manner three weeks later. Commissioner Scarborough inquired is there a problem with the Board discussing the eight recommendations; with Mr. Ellis responding not at all.

Commissioner Higgs stated there are eight recommendations; everyone agrees with them; and inquired why are they being debated. Commissioner Scarborough stated he does not know if there is a debate or not.

Chairman Carlson inquired if the Board agrees on all eight recommendations; and do the Commissioners want a motion on individual recommendations or on the whole thing.

Commissioner Scarborough inquired if the Board should amplify or alter any of the recommendations; with Mr. Ellis responding his only request is when the finance committee is put together, that the Board assemble finance professionals. Commissioner Higgs stated someone from the Board should sit on the investment committee. Mr. Ellis stated there should be four or five on the committee, and the majority should be experienced in finance. Commissioner Colon agreed. Commissioner Higgs stated she has no disagreement, but the Board needs a representative on the committee.

Chairman Carlson inquired if there is any type of template as far as the makeup of the investment committee; with Mr. Alexander responding no, it just depends on the desire of the Board and the Clerk. Mr. Alexander stated some organizations have strictly inside individuals; others have tapped the outside community; and the suggestion to have retired brokers is good. He stated the composition really depends on what the Board is looking for in terms of oversight; and usually it is five individuals, some inside, some outside, to balance; but there is no hard and fast rule for the composition of the committee.

Commissioner Scarborough stated he does not want to get staff members on a sunshine committee due to problems with communicating on a day-to-day basis; and recommended reviewing the composition to assure the Board is not creating that problem. Mr. Alexander stated there have been no changes since he submitted the August 13, 2001 report.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to accept the Cash Flow and Investment Report. Motion carried and ordered unanimously.

County Manager Tom Jenkins inquired how the Board wants to go about implementing the eight recommendations. Commissioner Higgs stated staff needs to begin the process and come back to the Board with various steps; the investment committee needs to be determined and the Board needs to make that decision; and it would be appropriate for staff to come back with recommendations to get that going.

Chairman Carlson inquired if the performance benchmarks and tracking of performance are things the Board expects to come from the investment committee. Mr. Alexander advised the investment policy will outline the benchmarks and how the portfolios will be delineated within the investment policy; and that is going to be an investment committee and policy action. Chairman Carlson inquired if the investment committee is charged with some of the recommendations, and does the Board have to first establish an investment committee; with Mr. Alexander responding exactly, and the investment policy has to come back and be adopted by the Board. Chairman Carlson stated the Board needs to get back an agenda item that talks about the makeup of the investment committee so the Board can get that started.

Commissioner Higgs inquired what would happen if the Board established an interim investment committee made up of the County Manager, a member of the Board, the County Attorney and the Clerk. Commissioner Scarborough stated that begins to create the sunshine issue. Mr. Jenkins stated he is not necessarily qualified to sit on an investment committee; and he would rather come back with a recommendation on a committee. Commissioner Scarborough suggested if the Clerk and County Manager are needed, they can sit as ad hoc members or staff advisors; and reiterated his concern about being on a sunshine committee. Commissioner Higgs stated that is why she said establish an interim committee to discuss those kinds of issues. Commissioner Scarborough inquired if the group would create the committee rather than be the committee; with Commissioner Higgs responding it would be to begin things, determine who will sit permanently on the committee, and work out some details. Commissioner Scarborough inquired if it will be suggestions of what the committee is going to be and not discussion of any of the substantive issues; with Commissioner Higgs responding her intent was to get things going. Commissioner Scarborough stated then he is afraid of it because it is putting the Board at risk. Commissioner Colon stated the Board has done this before; it has put together boards where it has solicited throughout the community from very qualified people; and the County Manager can spearhead that. She noted the Board did it before with the Financing Committee and the Auditing Committee.

Commissioner Higgs stated she does not mind going out for part of the committee, but the Board should be careful in turning over the investment portfolio of the County to the people totally outside; and she would be reluctant for the majority of the committee to be people from the outside. Commissioner Colon stated it should be a combination. Chairman Carlson stated the Board has to identify qualifications for those people; they should have finance and investment backgrounds; and recommended getting the information and coming back.

Commissioner Colon expressed appreciation to Mr. Alexander and his staff.

PERSONAL APPEARANCE - JOSEPH P. MCMENAMY, EAST COST DISPOSAL, RE:
SOLID WASTE DISPOSAL FEES

County Manager Tom Jenkins stated Mr. McMenamy has indicated he is very pleased that the Board has already moved forward on this issue; and he did not need to appear.

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE: BREVARD COUNTY V.
MIORELLI ENGINEERING

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to schedule an executive session on October 18, 2001 at 11:30 a.m. to discuss Brevard County v. Miorelli Engineering. Motion carried and ordered unanimously.

APPROVAL, RE: PAY AND ADDITIONAL BENEFITS FOR RESERVISTS CALLED TO
ACTIVE MILITARY DUTY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve pay supplement and expanded leave and health benefits to those employees who are called to active military duty in response to the recent terrorist attacks as follows: (1) Upon presentation of documentation of military pay, employees would receive a supplement to equal their regular gross pay for a period up to six calendar months; (2) continuation of accrual of sick and annual leave benefits; (3) continuation, at County expense, of existing employee and family dental/vision benefits; (4) continuation for 30 days, at County expense, of all group health benefits of existing employee and family coverage; (5) after 30 days, continuation under COBRA of family group health utilizing current dependent rates; and (6) continuation of access to EAP Program for employee and family members.

Commissioner Scarborough stated this is what the Board did previously with the Persian Gulf action.

Chairman Carlson inquired if the County is consistent with what the State is offering. Human Resources Director Frank Abbate advised the State has recently passed a Resolution requiring all State agencies to provide 30 days of full pay for people who are called up to reservist duty, and the County is providing the difference in what they receive in military pay from their regular salary, so it is somewhat different. Chairman Carlson inquired if staff analyzed what the cost would be for the County if it went with the 30 days pay; with Mr. Abbate responding if all 21 reservists were called to active duty, the cost would be approximately $55,000. Commissioner Higgs noted the County is offering more than that. Mr. Abbate advised the State's offering is two-pronged; the first is providing 30 days full pay when the reservist is called up to active duty; and for the County that would be $55,000. He stated additionally beyond the 30 days, the State is providing the difference in pay between the military pay and what they would have earned in State employment; and there is no cap on that. He stated what staff has suggested is a six-month time period and then re-evaluate when the economic impact is known.

Commissioner Colon requested feedback from the Sheriff's Department in terms of how many people are going to be called to active duty. Chairman Carlson stated the Sheriff has said he has approximately 22. Commissioner Higgs stated no one knows who is going to be called. Mr. Abbate stated the County has two at this time that are being called up. Chairman Carlson stated the question is whether the County wants to mirror what the State is offering or do what it plans to do currently. Commissioner Higgs stated the County's plan is good.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Colon requested Mr. Abbate get the data; with Mr. Abbate responding he will contact the Sheriff's Office and ask for that information. Commissioner Colon stated she tried contacting the Sheriff, but he has been busy because of the state of emergency; and requested Mr. Abbate get the data; with Mr. Abbate responding he will make the inquiry and report back to the Board.

PUBLIC COMMENT - BEA POLK, RE: PROPERTY APPRAISER'S BUDGET

Bea Polk inquired if anyone got an amended budget for the Property Appraiser last year; with Chairman Carlson responding she assumes so. Ms. Polk inquired if the Property Appraiser is going to amend every year; quoted amounts for increased salaries; and commented on bonuses. She inquired if any other department got that kind of deal. She displayed a letter from the State; stated she has been trying to find out how they appraise; the State says it gives the Appraisers authority to have both quality and equity; in addition Department of Revenue (DOR) was given budget reviews and approval authority in order to assure that adequate resources are provided by the counties to carry out their duties; and inquired how DOR knows what their duties are. She requested the Board put on the ballot a referendum to put the Property Appraiser under the Charter. She stated it is like a child with a cookie jar; and as long as they can stick their hand in, they are going to keep pulling out cookies. She stated she called other appraisers, and was told if they took that kind of budget before their commissioners, they would be screaming; but the Board approved it.

Commissioner Colon inquired who did Ms. Polk speak to; with Ms. Polk responding the Appraiser from Fort Walton Beach. Ms. Polk stated he was surprised to find out who the assistant to the Brevard County Property Appraiser is because he worked for him. She stated more appraisers are needed instead of office people; and commented about the appraisal of the Florida TODAY building. She inquired if the Commissioners' appraisals went up; advised some appraisals went up and some went down even though they were adjacent identical properties; and inquired is it who you are or does the appraiser just pick certain places. She reiterated the Property Appraiser needs to be brought under the Charter; stated General Sterling recommended giving Jim Ford four more years before such action; but she does not know if the County can take four more years. She commented on Charter Committee appointments and taxes; and submitted paperwork to the Board, but not the Clerk.

Commissioner Scarborough stated for the last couple of years that there has been a Charter Committee, the issues have been Commission salaries and freezing them, Commission terms and freezing them; the Clerk reviews everything that happens with County money; Constitutional Officers keep their own budgets; and the information the County has is what is provided to it. He stated it appeared the Charter was out there to make being a Commissioner miserable; but if someone is a Charter officer, they float on a cloud. Ms. Polk stated she was told the State controls them, but she thought that was what the Charter is for. Commissioner Scarborough stated some constitutional officers are under the budgetary process to a greater extent than others; the Property Appraiser has a great deal of independence because he does not come under the Board, but has State review process; the Sheriff can challenge whatever the Board gives him; Sheriffs in other counties have challenged successfully, although Sheriff Williams has not opted to do that; and it is frustrating if people do not understand. He stated there may be $6 million in charges coming down from the State; there may be less revenue coming in from the State; and inquired if there is a tight year, what is going to happen. He stated it is all going to happen within County government, but the independent Charter officers are probably going to be to some extent safe. He advised of a time years ago, when the Board froze all salaries, but a constitutional officer elected unilaterally to give salary increases anyway; and the Board did not find out until some time later.

Chairman Carlson stated if the County ends up with mandates from the State that affect the budget, she does not think they are going to allow Charter officers to object about their budgets.

Ms. Polk stated the Board has to appeal the budget in July or August, but it does not even meet until September; and requested the Board bring the budget to a Commission meeting. She stated she wants to look at it; Jim Ford was the one who got the three percent cap, but will not abide by it; and she wants to be sure next time, the budget is here on time so everyone can look at it and cut things. She stated the people blame the Board.

Chairman Carlson inquired if the Board could bring the Property Appraiser under the Charter; with County Attorney Scott Knox responding affirmatively. Chairman Carlson inquired if they would still have the same power to go to the State and whine that they are not getting enough money; with Mr. Knox responding no, not if the voters voted otherwise. Chairman Carlson suggested Ms. Polk consider a petition. Ms. Polk inquired why four of the Commissioners do not put it on the ballot . She stated when she brings this next time, she wants to have a time certain and be on the agenda.

Commissioner Higgs recommended Ms. Polk not just pick on one officer. Ms. Polk advised she is not saying just one; she tried to get everyone under the Charter, but all the people were interested in was keeping the Commissioners from getting a salary. Commissioner Higgs noted they also wanted term limits, salary limits, and power limits. Ms. Polk reiterated her request for a referendum on the ballot to put all constitutional officers under the Charter. She stated the most powerful office in the County is the one that sets property taxes; and if the Commissioners do not believe that, they should fight the Appraiser and see what their taxes are like.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 5:18 p.m.

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ATTEST: SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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